The Independent National Electoral Commission (INEC) has requested dismissal of Peoples Democratic Party (PDP) application before the Kano Election Tribunal seeking extension of time to access election document for the state’s gubernatorial poll.
Appearing before Justice Halima Shamaki-led tribunal yesterday following a motion on notice filed by the petitioner, counsel to INEC, Adedayo Adedeji argued the instant application brought before the court lacks merit and was incompetent, after the petitioner exhausted 20 days of inspection.
Maliki Kuliya Umar, Counsel to PDP and its gubernatorial candidate, Abba Kabiru Yusuf, had filed motion on notice, seeking the tribunal to compel first, second and third respondents to allow extension of time to access the electoral materials.
In a 13-paragraph affidavit, PDP prayed to be granted the privilege to scan and photocopy all required electoral materials in INEC’s possession.
But in his seven-paragraph counter affidavit, Adedeji argued that since the opposition party has filed a petition against Ganduje and APC as second and third respondents, fresh application for inspection of electoral materials was irrelevant and should be disregarded.
Adedeji, who denied PDP’s allegation of intimidation and harassment, insisted that the opposition party had unfettered access to INEC materials and therefore, wanted the court to dismiss the application.
Meanwhile, lead counsel to Governor Abdullahi Umar Ganduje and All Progressives Congress (APC), Aliyu Umar (SAN), challenged the submission to grant PDP prayers to photocopy and scan the electoral materials.
Relying on section 151 sub-section five of the electoral Act 2010, he insisted that the court was only empowered by law to allow access to inspection of the documents.
The APC’s counsel, who preferred to argue from point of law rather than through a counter affidavit, cited misrepresentation on written address filed by PDP.
Aliyu, who aligned with INEC’s prayers for dismissal of PDP application, stressed that the written address backing PDP’s affidavit was a wrongly titled application for ex parte order, a clear disconnect with motion on notice application before the court.
Justice Shamaki, however, adjourned ruling on the application to Tuesday, May 7, 2019.