Tuesday 1 May 2012

Oyo rerun: Tribunal fixes May 24 for hearing

The National Assembly/state assembly election petitions tribunal in Oyo State, on Friday, adjourned hearing in the petition brought by the Action Congress of Nigeria (ACN) against the Peoples Democratic Party (PDP) and the Independent Electoral Commission (INEC) in the Irepo/Orelope/Olorunsogo federal constituency rerun till May 24.

In the petition, the ACN had brought the motion on notice under Section 151 (1) and (2) of the Constitution of the Federal Republic of Nigeria, 1999 as amended, and under the inherent jurisdiction of the tribunal.

The party sought an order allowing the PDP and the INEC through forensic expert, to inspect by way of machine/electronic scanning, all election materials, including ballot papers used in the conduct of the election held on January 28 and February 11.

It also sought for an order allowing the PDP and INEC respondents’ handwriting and forensic expert to inspect, scan and make copies of the EC8A (i), EC8D (i), EC8E (i) and all other forms and materials used in the conduct of the election in February.

The party also asked for an order allowing the PDP and INEC respondents’ solicitors and their appointed agents to participate in the inspection and make copies of the documents mentioned in the prayers above, for the purpose of prosecuting the petition and against the respondents

The party prayed the tribunal to permit the forensic and handwriting experts to tender the reports of their findings when completed at the trail of this petition but this was rejected by the three-man panel, consisting Justices Baaki Kpam Augustine (chairman), Justice Kwame Osarenren Okpu and Benson Ogbu.

Counsel for the petitioner, Kazeem Gbadamosi, had told the court to grant the order allowing the forensic expert to tender the report of their findings when completed at the trial of the petition.

However, counsel for the PDP, Waheed Olajide, who disclosed that both the petitioner and the respondents had sought for the same reliefs, said granting the relief might cause problem.

After the argument between the petitioner (ACN) and the respondent (PDP), they agreed that the relief be removed.

It was at this juncture that the tribunal struck out the relief and the counsel for INEC, Kunle Faokunle, argued that the parties should be allowed to see the materials before granting any order.

The parties have agreed that it would take them three week to inspect the election materials used during the election.

The tribunal also refused to grant an order until the materials were seen and struck out the order after the respondents and the petitioner had agreed that it should be struck out.

The tribunal said that order I, 2, 3, and 4 would be looked into and therefore fixed hearing till May 24

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