The Court of Appeal, Abuja Division on Friday granted the separate ex-parte application filed by the Presidential candidates of the People’s Democratic Party (PDP), Atiku Abubakar and the Labour Party (LP), Peter Obi seeking permission from the court to inspect the electoral materials for Saturday’s presidential election.
Counsel to Atiku, Adedamola Faloku prayed the Court to grant the ex parte application brought before it pursuant to Section 146 (1) of the Electoral Act 2022, Paragraph 47 (1, 2 &3) of the first Schedule of the Electoral Act of 2022 and under the inherent jurisdiction of the Court as referenced by Section 6 (6) A & B of the 1999 Constitution.
The application sort seven prayers predicated on six grounds.
The Counsel also informed the Court that a schedule of the documents to interrogate the respondent (INEC) was also contained in the application which is an 18-paragraph application supported by a 12-paragraph affidavit.
Counsel to the applicant adopted all the averments contained in the affidavit and urged the Court to grant the application.
The presiding Justice Justice Joseph Ikyegh however granted the application of the applicant.
Furthermore, the Court also heard the ex parte application brought by Obi urging it to grant the application for hearing.
Counsel to Obi, Alex Ejeseme SAN had brought before the Court an ex parte application pursuant to Section 86 (1) of the constitution of the Federal Republic of Nigeria 1999 as amended Section 146 of the Electoral Act 2022 and paragraphs 47 (1 and 54) of the first Schedule of the Electoral Act 2022 under the inherent jurisdiction of the Court.
The application brought prayed for six reliefs with six grounds in support of the application.
Ejeseme SAN also informed the Court that they had deposed a 15 paragraphs affidavit and they relied on all the averments in their application urging the Court to grant the application.
The Court brought to the notice of the counsel that the sixth prayer sort was unusual, later which the counsel urged the Court to strike out the said prayer which was struck out by the Court and granted the application for hearing.
Atiku and Obi had separately approached the court with two different ex-parte motions they filed at the PEC secretariat at the Court of Appeal, Abuja.
While Atiku’a application was dated March 1, Obi’s own was on March 2.
Both motions have the Independent National Electoral Commission (INEC) and two others as respondents.