Ogun State Governorship Election Petitions Tribunal, sitting in
Abeokuta, on Thursday granted an application brought before it by the
governorship candidate of Peoples Democratic Party in April 11
governorship election, Gboyega Isiaka, to inspect electoral materials
used for that election.
The application was brought pursuant to section 77 ( 1 ) of the Electoral Act, 2010 as amended.
Isiaka sought the leave of the court to inspect and make copies of
Certified True Copies of ballot papers, incident forms, election manual
and guideline, result sheets, downloaded data from the card readers,
among others in nine local government areas of the state.
Moving the application, dated July 10, 2015, counsel for the
petitioner, Dr. Funminiyi Adeleke, said the document being sought would
assist in the determination of the substantive petition before the
court.
Opposing the application, counsel for Governor Ibikunle Amosun, Dr
Olumide Ayeni, argued that the application was grossly incompetent and
that the tribunal lacked the jurisdiction to entertain it, asking the
panel to dismiss it.
Ayeni also described the application as a fishing expedition for
evidence and a complete ruse calculated to pull a wool over the eyes of
the tribunal and mislead it.
He
explained that all the documents being sought had been in the custody
of the petitioner as demonstrated by the available information before
the court.
Ayeni equally faulted the section of the Electoral Act upon which the application was brought before the tribunal.
According to him,the purpose of inspecting electoral materials,
according to Section 151 (1) of the Electoral Act, is to institute and
maintain an application and not to fish for evidence.
He said, “Section 77 ( 1 ) upon which this application is sought is
not available. The whole of section 77 is penal and envisages a criminal
proceeding. The available materials before the court demonstrate that
these documents are already in the custody of the petitioner.”
Chairman of the three-man panel, Justice Henry Olusiyi, while
delivering his ruling, said the application “has considerable merit. It
succeeds and hereby granted.”
Justice Olusiyi held that counsel for Amosun, failed to show to the
court how granting the application would be prejudiced and overreach
him.