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•APC assembles 13 SANs legal team to battle Obi, Atiku
From Romanus Ugwu and Godwin Tsa, Abuja
The Appeal court will rule in the application by the Independent National Electoral Commission (INEC) seeking leave to reconfigure the Bimodal Voter Accreditation System (BVAS) for the governorship election today.
INEC in its motion dated March 4 had asked the appellate court to vary the ex parte order made in favour of Labour Party (LP) and the Peoples Democratic Party (PDP) with regards to inspection of materials used for the presidential election.
Justice Joseph Ikyegh’s led three-member panel, fixed the date after counsel to Tinubu and APC, Akintola Makinde and Omosanya Popoola, moved the four ex-parte motions they filed. Time for the ruling has been fixed for 2pm.
With 8,794,726 million votes, Tinubu was declared winner ahead of Atiku, who polled 6,984,520 votes, and Obi, who secured 6,101,533 votes.
At the court session, yesterday, the president-elect, through his lawyer, Akintola Makinde, said he would need to inspect, scan and make photocopies of some of the electoral materials to enable him prepare his defence against petitions that would seek to nullify his election.
Tinubu, through his counsel said he would need to inspect, scan and make photocopies of some of the electoral materials to enable him prepare his defence against petitions that would seek to nullify his election.
“The materials will be relevant in helping us to prepare our defence and also make comparison with the information contained in INEC’s back-end server”, Makinde argued.
While Tinubu’s first ex-parte application, which was filed on March 6, has the LP and its candidate, Mr Peter Obi as respondents, in the second application, the PDP and its own candidate, Atiku Abubakar, were cited as respondents, alongside INEC.
The appellate court, which will sit as the Presidential Election Petitions Tribunal, had on March 3 granted leave to Atiku and Obi to inspect election materials used by INEC to conduct the Feb. 25 presidential election. The court granted permission following two separate ex parte applications filed by the duo who came second and third respectively in the presidential election won by Tinubu.
The commission is asking the court to vary the order to allow it to reconfigure its Bimodal Voter Accreditation System (BVAS) for the March 11 governorship and state houses of assembly elections.
Counsel to INEC, Tanimu Inuwa, said the application became necessary following an order restraining it from tampering with the information embedded in the BVAS machines until due inspection was conducted and Certified.
He added that the commission would require sufficient time to reconfigure the BVAS needed to conduct the election that would take place on Saturday. He told the court that INEC would upload from back-end.
In his argument, counsel for Obi, Dr. Onyechi Ikpeazu, SAN prayed the court not to grant INEC’s application for granting it would mean losing the original information there.
“All we are seeking is for a physical inspection of the BVAS so that the evidence is obtained before it will be configured,” he told the court.
He therefore, opposed INEC’s application and urged the court not to grant it.
The three-member panel of the appellate court after listening to their submissions adjourned until today for ruling.
Meanwhile, the APC has assembled a 13-man legal team of highly qualified and experienced Senior Advocates of Nigeria (SAN) to represent the its at the Presidential Election Petition Tribunal.
A statement by Ahmad Usman El-Marzuq, life bencher and APC National Legal Adviser said the team, comprising legal luminaries with vast experience in election petition matters, constitutional law, and litigation, has as lead counsel, Lateef Fagbemi.
Other members are Ahmad Usman El-Marzuo,, Sam Ologunorisa, Rotimi Oguneso, Olabisi Soyebo, Gboyega Oyewole, Murtala Abdulrasheed, Aliyu Omeiza Saiki, Tajudeen Oladoja, Pius Akubo, Oluseye Opasanya, Suraji Saida, and Kazeem Adeniyi.
“We are confident that the legal team possesses requisite expertise and experience to ensure a successful outcome for the APC in the presidential election petition matters. We urge members of the party to support the team in its effort to defend the will and mandate of the people. We also call on all parties involved to conduct themselves with utmost professionalism and respect for the rule of law throughout the legal process,” El-Marzuq said.
