Supreme Court upholds SDP candidate's right to inspect election materials
The Tribunal had granted an ex parte order, allowing the SDP and its governorship candidate to carry out forensic examination of all the BVAS, used in the election.
Supreme Court upholds SDP candidate's right to inspect election materials [The Cable]
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![Dr Ayodele Festus Olorunfemi [The Punch]](data:image/svg+xml;charset=utf8,%3Csvg%20xmlns%3D'http%3A%2F%2Fwww.w3.org%2F2000%2Fsvg'%20width%3D'100'%20height%3D'100'%20data-ring-placeholder%3D'1'%3E%3C%2Fsvg%3E "Dr Ayodele Festus Olorunfemi [The Punch]")
The apex court in a unanimous decision upheld the order of the Governorship Election Petition Tribunal sitting in Abuja which granted the candidate of the SDP, permission to inspect election materials.
Justice Emmanuel Agim, while delivering the judgment held that the order of the trial court was within the scope of section 146 of the Electoral Act.
The Tribunal had in November last year granted an ex parte order, allowing the SDP and its governorship candidate to carry out a forensic examination of all the Bimodal Voters Accreditation system, BVAS, used in the election, among other reliefs.
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But a three-member panel of justices of the Court of Appeal, led by Justice J.O.K. Oyewole, in its ruling, on March 1, 2024, set aside the inspection order. NAN reports that the apex court had stayed the execution of the orders of the Court of Appeal in Abuja, setting aside the inspection order.
However, the apex court on Thursday dismissed the decision of the Court of Appeal and upheld the decision of the trial court.
“We do not agree with the Court of Appeal. The motion was filed out of time.
"Secondly, the order of the trial court was within the scope of section 146 of the Electoral Act.
“In light of the foregoing, this appeal is allowed, and the cross-appeal dismissed with no costs,” the court held.
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