Tribunal grants Onor, PDP permission to inspect election materials

 

...acknowledges receipt of 13 petitions 

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By Judex Okoro, Calabar

The Cross River State Governorship Election Petition Tribunal Holden in Calabar, Cross River State, has granted Sen Prof Sandy Ojang Onor, the governorship candidate of the Peoples Democratic Party (PDP) and the PDP permission to inspect election materials used for the March 18 elections.

Onor and the PDP had filed petition No: EPT/CR/GOV/03M/2023 dated April 4, 2023, before the tribunal led by Justice JO Okeya-Inneh and two others including Hon Justice ML Omar, member I, and Hon Justice OO Olatawura, member II, with AD Bambur as Tribunal secretary.

The petition has the Independent National Electoral Commission(INEC), Sen. Prince Bassey Otu, Hon. Peter Agbe Odey and All Progressives Congress (APC) as 1st, 2nd, 3rd and 4th respondents respectively.

In the MOTION EXPARTE filed April 4, 2023, the petitioners prayed for 7 orders including “an order granting leave to the Applicants to bring this application outside or before the pre-hearing session,” “an order granting leave to the Applicants to argue this Application outside or before the pre-hearing session,” and “an order directing the 1st Respondent in this Application, that is, the Independent National Electoral Commission (INEC) to allow the parties herein to jointly inspect, all the electoral materials used in the conduct of the election for the office of the Governor of Cross River State held on the 18th day of March 2023; to wit, voters’ register, ballot papers, polling units result sheets, wards collation results sheets, Local government collation results sheets and declaration result sheets.”

Others include “an order granting the parties herein permission to do electronic scanning and/or make photocopies of ‘voters’ register, ballot papers, polling units result sheets, ward collation results sheets, local government collation results sheets and declaration of results sheets used in the conduct of the election for the office of the Governor of Cross River State held on the 18th day of March 2023”; “an order granting leave for the parties herein to carry out digital forensic inspection of BVAS machines used in the election for the office of the Governor of Cross River State held on the 18th day of March 2023”; “an order restraining the 1st Respondent from tampering with the information embedded in the machines used in the Election for the office of the Governor of Cross River State held on the 18th day of March 2023” and “for such order or further orders as this Honourable Tribunal may deem fit to make in the circumstances of this case.”

And after hearing the learned counsel to the Applicants, Baba Isa, Esq, motion, the court ordered prayers (1),(2),(3) and (5) as prayed, adding that in relief 4, “the parties herein are given permission to do electronic scanning and/or make photocopies of Voters’ Register, polling units result sheets, ward collation results sheets, local government collation results sheets and declaration of result sheets used in the conduct of the Election for the office of the Governor of Cross River State held on the 18th day of March 2023.”

However, the Court in an order signed by the chairman, Justice J.O Okeya-Inneh and A.D Bambur as secretary, stated that the “scanning and/or making photocopies of the ballot papers used in the said election should be carried out jointly with the Respondents, as other electoral materials earlier mentioned except the ballot papers are in the custody of the parties herein.

“It will be a judicious exercise of discretion if the scanning of the ballot papers and/or making photocopies of same be carried out jointly with the Respondents in the circumstance.”

The court refused prayer (6), saying “There are no facts placed before the Tribunal in the affidavit in support of the application upon which the order sought can be predicated.”

Earlier, the Secretary of the three-man Election Petition Tribunal, A.D Bambur, had disclosed that they had received 13 petitions from the different political parties.

Of the 13 petitions, three candidates challenged those INEC declared as winners in the three senatorial districts of the state, just as 10 others queried the conduct of the House of Representatives poll.

Bambur said the tribunal had commenced sitting, and already granted leave to parties to inspect materials used for the elections, following their respective applications. He added that the parties were currently serving summons and petitions to each other.

Those at the tribunal include Governor Ben Ayade, who lost his bid to return to the Senate to the incumbent senator, Jarigbe Agom Jarigbe, of the Peoples Democratic Party, PDP, and filed a petition with number EPT/CRS/Sen/2/2023 against Jarigbe.

For the Cross River Central senatorial election, Hon Bassey Eko Ewa (PDP) filed a petition in EPT/CRS/SEN/1/2023 against Rt. Hon Eteng Williams of the APC, who is the incumbent Speaker of the Cross River State House of Assembly just as Rt. Hon. Daniel Asuquo of the Labour Party (LP) is challenging Mr Asuquo Ekpenyong Jnr of the APC in suit number EPT/CRS/SEN/03/2023 for the southern senatorial election.

For the House of Representatives election, member, Hon. Atta Ochinke, also filed a petition against APC’s Hon Victor Abang in Ikom/Boki Federal Constituency.