Allow Atiku, Obi to Inspect Presidential Election Materials – Court Tells INEC

The Court of Appeal, Abuja Division, on Friday, granted the separate ex parte application filed by Atiku Abubakar, presidential candidate of the Peoples Democratic Party (PDP) and his counterpart in the Labour Party (LP), Peter Obi, seeking permission to inspect the electoral materials for Saturday’s presidential election.

Atiku and Obi had separately approached the court with two different ex-parte motions filed at the Presidential Election Court (PEC) secretariat on March 1 and March 2, 2023, respectively.

Both motions have the Independent National Electoral Commission (INEC) and two others as respondents.

Counsel to Atiku, Adedamola Faloku, prayed the Court to grant the ex parte application brought before it pursuant to Section 146 (1) of the Electoral Act 2022, Paragraph 47 (1, 2 &3) of the first Schedule of the Electoral Act of 2022 and under the inherent jurisdiction of the Court as referenced by Section 6 (6) A & B of the 1999 Constitution.

The application sorts seven prayers predicated on six grounds.

The Counsel also informed the Court that a schedule of the documents to interrogate the respondent (INEC) was contained in an 18-paragraph application supported and a 12-paragraph affidavit filed before the court on March 1, 2023.

Counsel to the applicant adopted all the averments contained in the affidavit and urged the Court to grant the application.

The presiding Judge, Justice Joseph Ikyegh, granted the request of the applicant.

Similarly, the Court also heard the ex parte application brought by Obi urging it to grant the application for hearing.

Counsel to Obi, Alex Ejeseme (SAN), had brought before the Court, an ex parte application pursuant to Section 86 (1) of the constitution of the Federal Republic of Nigeria 1999 (as amended), Section 146 of the Electoral Act 2022 and paragraphs 47 (1 and 54) of the first Schedule of the Electoral Act 2022 under the inherent jurisdiction of the Court.

Ejeseme (SAN) also informed the Court that they had deposed a 15 paragraphs affidavit and they relied on all the averments in their application urging the Court to grant the application.