Edo Election Tribunal Rules on Modalities for Inspection of Voting Materials

Adibe Emenyonu in Benin City
After weeks of legal fireworks bordering on technicalities and modalities, the Edo State Governorship Election Tribunal which finally kicked off in Benin City yesterday, has ruled on the modalities to be adopted for the inspection and scanning of ballot papers by parties in the case.

The three-man tribunal headed by Justice Ahmed Badamasi ruled that only one representative from each party should examine ballot papers after scanning, adding that inspection of ballot papers must commence bewteen 9a.m. and 6p.m. and a break observed between 1p.m. and 2p.m. on week days.

The tribunal further ordered that absence or late arrival of any parties shall not hinder scanning or inspection of ballot papers, inspection or scanning already done shall not be repeated and that inspection or scanning must be conducted on Saturday between 10a.m. and 4p.m.

This came as the Peoples Democratic Party (PDP) tendered documents upon which the party’s petition is based which  it claimed contained evidence of how the September 28 election was allegedly rigged in favour of the All Progressives Congress  (APC).

Yusuf Alli (SAN), lead counsel to the petitioners, namely the PDP and its candidate, Pastor Osagie Ize-Iyamu, tendered the documents before the tribunal and counsel to the respondents in the case, namely the Independent National Electoral Commission (INEC), Mr Godwin Obaseki and the APC.

Alli, who noted that petitions are volumnous, described the documents as “non-contradictory, adding that the onus was on the petitioners to prove their case with well documented evidence.

Documents tendered by the PDP counsel included all the Form EC8A, which contained the declaration of the entire result marked as exhibits PO1; Form EC8D as exhibit PO2; Form EC8C as exhibit PO3 and Form EC8P, which contains 185 copies of results from the 192 wards in the 18 local government areas of Edo State as exhibit PO4.

However, lead counsel to the INEC, Governor Obaseki and APC, Onyinye Anumonye, Ken Mozia (SAN) and Lateef Fagbemi (SAN) respectively objected, arguing that respondents must be given time to examine and mark the document and that the respondents should be availed of the petitioner’s schedule.

After conversing with learned colleagues on the side of the respondents, counsel to the PDP, Alli, suggested that Thursday, Friday and Saturday be used to inspect the documents so that the petitioners can be allowed to tender their documents on Monday.

Counsel to the respondents agreed to the proposal upon which the tribunal adjourned sitting to January 16, 2017.