The petition filed by the Peoples Democratic Party (PDP) and its Presidential Candidate, Atiku Abubakar, suffered a major hiccup on Monday as the presidential tribunal dismissed their application seeking access to inspect an alleged server belonging to the Independent National Electoral Commission (INEC).
Giving ruling in the interlocutory motion, Justice Mohammed Garba, Chairman of the tribunal, held that granting such application at this stage would prejudice the main petition.
Garba explained that the court was yet to keep abreast of testimonies of witnesses and documentary evidence from all parties in the matter, adding that granting the request at this stage would pre-empt the proceedings.
Dr Levi Uzoukwu SAN, Counsel for the petitioners/applicants, in an interlocutory application, urged the tribunal to grant his clients access to inspect the server used for the general election.
Uzoukwu had submitted that the application relied on Section 151 of the Electoral Act which mandated the electoral body to allow candidates who contested an election organised by it to inspect the electoral materials.
Meanwhile, the application was objected to by Mr Yunus Usman SAN, Counsel for INEC, as according to him, the electoral body did not use or maintain server in the Feb.23 general election.
Chief Wole Olanipekun SAN, Counsel for President Muhammadu Buhari, Mr Lateef Fagbemi SAN, Counsel for All Progressive Congress (APC), also raised objections against granting the application.
Chief Chris Uche SAN, co-counsel for the applicants (Atiku and PDP), while speaking with newsmen after the session said the decision of the tribunal would be challenged at the Supreme Court.
Uche said his clients had relied on Section 151 of the Electoral Act to file the application, adding that the provision mandated INEC to allow candidates access to its materials for inspection when the need arose.
The chairman of the panel adjourned the matter until June 26 for continuation of hearing.
