July 31, 2015
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- Law News
Ogun State Election Petitions Tribunal sitting in Isabo, Abeokuta, on Thursday granted an application brought before it by the governorship candidate of the Peoples Democratic Party in the April 11 governorship election, Gboyega Nasiru 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 was seeking 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, Governor Ibikunle Amosun’s counsel, Dr. Olumide Ayeni, argued that the application was grossly incompetent and that the tribunal lacked the jurisdiction to entertain it and should be struck out.
Ayeni also described the application as a fishing expedition for evidence and a complete ruse calculated to pull wool over the eyes of the tribunal and misled it.
He further explained that all the documents being sought for 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.
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