Following the suspension of the President of the Court of Appeal, Justice Ayo Salami, who was beforehis suspension presidingover the presidential tribunal, Justice Mohammed Garuba, on Monday, led the panel offour justices who heard the application of the Congress for Progressive Change (CPC) challenging the victory of President Goodluck Jonathan in theApril general election.
The panel, which sat as the Court of Appeal, subsequently reserved ruling stating that counsels in the petition would be contacted when a date is fixed.
CPC had earlier filed an application praying the tribunal to enter judgment in its favour inthe petition it filed against Jonathan and 41others premising its argument on the groundthat the Independent National Electoral Commission (INEC) did not grant it access to the materials used for the presidential election.
Moving the application, counsel for CPC, Dipo Okpeseyi (SAN), argued that contrary to the order of the court directing the electoral body to grant the party access to all the materials used for the presidential election, INEC had refused to do so adding that such failure invariably showed that there is a connivance between INEC and Jonathan.
He further stated that on such ground, it showed that CPC won the presidential election.
Counsel for Jonathan, DrAlex Izinyon (SAN), opposed the application stating that granting CPC access to DDC machine would compromise the privacy of voters especially voter’s identity which issacrosanct.
He added that what thepetitioner was requesting for would be a breach of section 125 (3) of the Electoral Act.
Counsel for PDP, Joe Gadzama (SAN), also opposed the application arguing that Section 25 of the Electoral Act, 2010 as amended and Section 1 and 9 of the Official Secret Act 1990 did not permit INEC to allow any person or authority to have information as to the pattern of voting or who a voter voted for during election.(Nigerian Tribune)
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