The Independent National Electoral Commission(INEC), yesterday, joined forces with President Bola Tinubu and his All Progressives Congress(APC) in rejecting the tendering of certified true copies of its Forms EC8Es from 24 local government areas of Kaduna State and 18 of the 23 LGAs of Kogi State before the Presidential Election Petition Court by the Peoples Democratic Party (PDP) and its candidate, Atiku Abubakar.
The petitioners who are challenging the outcome of the February 25 election, opened their case on Tuesday by tendering INEC Forms EC8A (which is the summary of presidential election results) and Form EC8E series for the 36 states and the Federal Capital Territory.
Other electoral documents that were admitted in evidence by the court on Tuesday by INEC were certified documents in respect of the numbers of PVCs collected for 2023 presidential election and Bimodal Voter Accreditation System (BVAS) machine-printed report for the 36 states, including FCT.
This was regardless of the objections raised against the admissibility of the documents by counsel to INEC, Tinubu and APC respectively.
The Justice Haruna Tsammani led-five-member election admitted the exhibits in line with its previous pre-hearing report which held that all INEC certified documents shall not be objected to at the point of tendering from the bar.
When hearing resumed, yesterday, counsel to the petitioners, Eyitayo Jegede (SAN) applied to tender additional Forms EC8A as downloaded by INEC (for 17 local government of Abia State and INEC authentication certificate), Forms EC8As for Bayelsa , Kaduna and Ogun States, certified true copies of Forms EC8Es from Kaduna and Kogi States and other electoral materials.
Eyitayo who conducted the proceedings on behalf of the lead counsel, Chief Chris Uche (SAN) explained that his application was in line with agreements in the pre-hearing report on settlement of documents.
However, INEC through its counsel, Oluwakemi Pinheiro (SAN) objected to the tendering of all the certified electoral documents, except in five local government areas of Kogi State, namely, Okehi, Ajaokuta and others.
Similarly, the legal team of Tinubu and APC led by Wole Olanipekun (SAN) and Lateef Fagbemi (SAN) equally objected to the admissibility of the documents, saying “We are on the same page with the first respondent (INEC).”
Jegede had also prayed that the bulky electoral documents obtained from INEC and already tendered, be taken as read by the court, in line with the provisions of paragraph 46 (4) of the First Schedule to the Electoral Act, 2022.
Responding, counsel to Tinubu and APC said since they have objected to the documents, they would not give their consent to it.
Nonetheless, the court admitted the electoral documents tendered by the PDP.
Earlier, Jegede told the court that his second schedule of documents dated May 30 were served on the respondents.
But INEC expressed concerns that the schedule of documents the PDP was referring to was served less than 30 minutes before today’s proceedings, contrary to order of court.
Jegede, however, disagreed with INEC’s submission, saying the delay in service was due to the difficulty in getting the documents from the electoral umpire, which they already paid for.
Meanwhile, hearing continues Friday as announced by the court.Atiku and his party are challenging Tinubu’s election on the ground of gross violation of the Constitution, the Electoral Act 2022 and INEC’s guidelines for the conduct of the February 25 presidential election.
