By Murtala Adewale, Kano
The Kano State Governorship Election Petition Tribunal on Friday admitted application by the All Progressives Congress (APC) to inspect the Bimodal Voters Accreditation System (BVAS) machine used during the March 18 governorship poll in the state.
The panel however refused one of the prayers of APC seeking a joint inspection of the produce of the voter’s data machine that would be made available by Independent National Electoral Commission (INEC), as objected by the respondents.
APC has petitioned the tribunal, challenging the declaration of Governor Abba Kabiru Yusuf as winner of the gubernatorial election in the state. The petitioner has joined INEC and the New Nigeria Peoples Party (NNPP) in the petition seeking to invalidate the outcome of March 18, gubernatorial poll.
At the last sitting, counsel to the petitioner, Nureini Jimoh, (SAN), who cited Section 146(1)(2) of Electoral Act, sought the order of the tribunal to compel INEC to make available, production of BVAS machines used for the governorship poll.
The counsel to the petitioner also urged the court to grant request for a joint inspection of the electoral materials in the interest of justice and for the purpose of using same to defend his petition.
In a counter-argument, counsels to 1st respondent (INEC), K.C Wisdom, 2nd respondent (Abba Kabiru Yusuf) B.J Akomolafe (SAN) and 3rd respondent (NNPP) Abdulhameed Mohammad, (SAN) asked the tribunal to dismiss APC’s application.
In his objection, Counsel to INEC, K.C Wisdom, insisted that petitioner’s application was an attempt to alter the main petition. He reminded the court that since the petitioner had enjoyed earlier order of the court to inspect INEC’s material, the court need not to extend another permit to inspect INEC BVAS machines.
Similarly, counsel to 2nd respondent, B.J Akomolafe, urged tribunal to deny APC access to inspect INEC BVAS, having exhausted its 14 days’ window period to inspect the electoral materials.
Ruling on the subject matter however, the Panel Chaired by Justice Oluyemi Akintan Osadebay, overruled the objection of the respondents on the ground that provisions of Section 146 of Electoral Act afford the petitioner right to inspect all electoral materials.
Justice Osadebay maintained that it was only fair to allow the petitioner access to the BVAS produce and in the interest of justice while enabling the petitioner to prove its case. The lead Justice noted that refusing to grant the application may jeopardize the interest of justice and equity.
The panel thereby reserved ruling in all the pre-consolidated applications during the final address. Hearing of the substantive matter on the petition begins June 19.
Source: The Guardian