The Court of Appeal in Lagos has set aside an ex-parte order by the Election Petitions Tribunal sitting in Lagos, directing the Independent National Electoral Commission (INEC) to allow the candidate of the Labour Party (LP), Mr. Cosmas Okoli , and his forensic expert have access to electoral materials used during the 2007 poll.
INEC had declared Hon. Ganiyu Olukolu of the Action Congrees of Nigeria (ACN) as the winner of the House of Representatives seat to represent Amuwo Odofin Federal Constituency at the Lower House.
Okoli had challenged the election of Olukolu on the grounds that the ACN Rep was not duly elected on April 9.
The LP candidate also filed an ex-parte motion, asking the tribunal to mandate INEC to permit his forensic experts to inspect and analyse the electoral materials including biometric data used for the election and also to allow the report of such analysis to be tendered as further evidence
The tribunal Chairman, Justice Maurice Eneji had on May 31 in his ruling, directed INEC to permit Okoli and his forensic expert to inspect and analyze the electoral materials including biometric data used for the election.
But Olukolu had filed a motion urging the tribunal to set aside the ex-prate orders, saying that the petitioners (Okoli and LP) ought to have filed a motion on notice and not an ex-prate motion, insisting that his right to fair hearing had been infringed upon by the grant of the ex-parte orders. The tribunal , however ,dismissed the motion as lacking in merit.
Dissastified with the tribunal’s verdict, Olukolu had through his lawyer, Mr Lare Oyedepo approached the Court of Appeal to seek redress.
In its verdict on the matter, the appellate court held that an order which had the effect of allowing a party to take possession of election materials and hand them to its hired forensic analysts behind the back of the other party was suspicious on the grounds that the other party ought to have been represented while the forensic analysis was being done.