Dr. Olusegun Mimiko

Tribunal grants Ondo LP fresh permission to inspect INEC materials. From Julius Alabi, Akure, Guardian

THE Election Petition Tribunal sitting in Ondo State has again granted the Labour Party (LP) a fresh permission to inspect the delivery notes/waybills evidencing the dispatch, delivery and receipt of ballot papers, Forms EC 8A, EC8B, EC8C, EC8D, EC8, EC25A, EC40, B EC40C and EC40D from the Independent National Electoral Commission (INEC), Abuja to the commission’s office in Akure.

The tribunal also restrained the state governor, Dr. Olusegun Agagu, the Peoples Democratic Party (PDP), Police and Nigerian Army/Navy, their agents, counsel and privies from disturbing or interfering with the execution of an inspection order granted by the tribunal.

The LP governorship candidate, Dr. Olusegun Mimiko, through one of his counsel, Mr. Remi Olatubora, while arguing the motion, said without inspecting all the documents, it would be impossible for the party to prosecute its case pending before the tribunal.

According to him, the last order given to the party by the tribunal to inspect all the documents relating to the matter was disrupted by the Police, the PDP and its thugs.

He noted that the disruption has not allowed it to inspect all the documents needed for the prosecution of the party’s case.

Olatubora stressed that the party has not been able to inspect the vouchers, other bank and financial documents for the payment of INEC ad hoc staff who served as presiding officers, poll clerks, returning officers, collation officers or in any other capacities during the said governorship election.

“The records of delivery of result sheets after the elections and reports of all Electoral Officers to INEC regarding the conduct of the April 14, 2007 governorship election in Ondo State are unable to be inspected by the Labour Party,” he noted.

Olatubora, therefore, prayed the tribunal to exercise its discretion, which should be guided by the aims of the application so as to ensure that justice prevailed.

However, Agagu’s counsel, Chief Kayode Olatoke, argued that the ex parte motion sought by the Labour Party was not only improper but was also not grantable as it constituted a gross abuse of the process of the tribunal.

He said the application was an abuse of the tribunal process since the LP had the opportunity to inspect the document once, adding that there was no time the petitioner or any of his agents was prevented from executing the tribunal order.

In his ruling, the chairman of the tribunal, Justice G. M. Nabaruma, said the tribunal was satisfied that the documents sought by the Labour Party were in order by paragraph 27 of its petition and so, refusing the application would amount to injustice.

He, therefore, granted the application that the INEC allows the party to have access to all the documents it sought in its application.