The Presidential Election Petition Tribunal has rejected the request by the candidate of the People’s Democratic Party (PDP), Atiku Abubakar and his party to be allowed to conduct forensic analysis and scanning of materials used for the conduct of the February 23 presidential election.

The tribunal said such request for forensic analysis and scanning by experts, of computers, card reader machines, server, among others deployed for the election by the Independent National Electoral Commission (INEC), was beyond the scope of the provisions of Section 151(1) & (2) of the Electoral Act (as amended), which permits the inspection of election materials.

In a unanimous ruling on an ex-parte application by Atiku and his party, a three-man panel of the tribunal said Section 151 of the Electoral Act, which allows an intending petitioner to inspect materials used for an election only allows inspection and the obtaining of certified true copies of such materials.

In the lead ruling by Justice Abdul Aboki, who led the panel, the tribunal granted the prayers which allow the applicants the permission to only inspect the materials and obtain certified true copies (CTC) of the materials.

The tribunal also granted the applicant’s prayer for leave to be allowed to bring such application at the pre-hearing stage of the tribunal’s sitting.

It said the request by Atiku and PDP to call experts to engage in forensic analysis and scanning of INEC gadgets, computers, among other materials was outside the scope of the meaning of inspection under Section 151(1) and (2) of the Electoral Act.

Justice Aboki said: “After a careful examination of the reliefs sought on the motion paper and a perusal of Section 151 of the Electoral Act (as amended), and the decision of this court in cases of Aregbesola v. Oyinlola, Akintayo v. Jolaoye, Senator Hope Uzodinma v. Senator Osita Izunaso,, it is hereby ordered as follows.

“Leave is granted to the applicants to bring this application at this stage,

“The first respondent (INEC) shall forthwith, allow the applicants and or their representatives to inspect polling documents and obtained certified true copies of all polling documents in the custody of the first respondent, used for the just-concluded presidential election, to enable the applicants institute and maintain an election petition.

“Prayers three, four, five and six on the motion paper are hereby refused.

“Forensic audit, examination and analysis by forensic experts cannot be regarded as an inspection of those documents within the ambit of Section 151 of the Electoral Act (as amended),” Justice Aboki said.

He agreed with lawyer to the applicants, Chris Uche (SAN) that the Court of Appeal had, in previous decisions, permitted the scanning of election documents used during the election at the stage of hearing in election petition.

He added that such scanned documents must be certified by INEC as true copies of the documents in its custody or held in the custody of INEC.

Justice Aboki faulted Uche’s reliance on an earlier decision in the case of Senator Uzodinma and Senator Izunaso, and noted that the Court of Appeal has since set aside the permission granted by a lower tribunal for the scanning and forensic audit and analysis of election material at pre-hearing stage.

He said: “In that case, the lower tribunal granted the pervasive orders brought under Section 151 of the Electoral Act.

“The respondent to the said application, appealed to this court, which found that the excessive orders granted with respect to the inspection of polling documents and sundry other materials,.. were found to be totally outside the scope of Section 151 of the Electoral Act.

“This court found that the orders made violated the rights of the respondents to fair hearing under Section 6 of the Constitution of the Federal Republic of Nigeria (as amended).The orders made by the lower tribunal, in that case were set aside by this court. And orders were made, by this court, within the ambit of Section 151 of the Electoral Act.”


http://thenationonlineng.net/tribunal-rejects-atikus-pdps-prayer-for-forensic-analysis-scanning-of-election-materials/

I dey laugh Atiku and his san's... Waiting for Wole Olanikpekun, Lateef Fagbemi, Akin Olugimi, Niyi Akintola to show appearance For PMb and APC.... This one na just the beginning

Don't raise your hopes too high for Atiku..he is a loser .

oyebanji44:
Don't raise your hopes too high for Atiku..he is a loser .

You don't decide anything.

This guy is just wasting both his money and time . Nigeria judiciary no get liver to sack the president .

FAKE NEWS

The tribunal don start?

kahal29:
The Presidential Election Petition Tribunal has rejected the request by candidate of the People’s Democratic Party (PDP), Atiku Abubakar and his party to be allowed to conduct forensic scanning and analysis of materials used for the February 23 presidential election.

The tribunal said such request was beyond the scope of the provisions of Section 151(1) & (2) of the Electoral Act (as amended).

In a unanimous ruling on an ex-parte application by Atiku and PDP, a three-man panel of the tribunal granted them the permission to inspect the materials and obtain certified true copies (CTC) of the materials.

In the lead ruling read by the leader or the panel, Justice Abdul Aboki, said the request by Atiku and PDP to call experts to engae in forensic anylysis and scaning of INEC materials was outside the scope of the meaning of inspection under Section 151 of the Electoral Act.


http://thenationonlineng.net/breaking-tribunal-rejects-atikus-prayer-for-forensic-analysis-of-election-materials/

When zombie brings e before a you should know there is problem in their hand.

Zombies everywhere

kahal29:
I dey laugh Atiku and his san's... Waiting for Wole Olanikpekun, Lateef Fagbemi, Akin Olugimi, Niyi Akintola to show appearance For PMb and APC.... This one na just the beginning

What is your problem there.

From he should not go to the tribunal to o dey lough Atiku.

Yeye dey smell

We all know he is not going to be declared winner, but if its worth it for him to spend on educating the world about APC rigging methods why are people so concerned he could go bankrupt?

Npower alms have not been paid. I think it is the same account as BMC. Perhaps after governor elections. The boss doesn't want any good feelings to rub off on them.

nwanyionitsha:
You don't decide anything.

empty headed

OP THIS IS FALSE NEWS.

BREAKING: Tribunal grants Atiku, PDP access to electoral materials
Published March 6, 2019
KINDLY SHARE THIS STORY
PDP presidential candidate Atiku Abubakar


…Rejects request for scanning, forensic examination

Ade Adesomoju, Abuja

The Presidential Election Petitions Tribunal on Wednesday granted the request by Peoples Democratic Party and its presidential candidate, Atiku Abubakar, to be allowed to inspect the electoral materials used by the Independent National Electoral Commission for the conduct of the February 23 poll.



But the three-man panel led by Justice Abdul Aboki unanimously rejected other prayers by the applicants seeking orders permitting them to, among others, photocopy and scan the electoral documents.

The tribunal also refused their requests to be allowed to conduct a forensic examination and forensic analysis of the materials and have access to card reader data and information contained in the cloud and electronic storage used for the poll.

Delivering the lead ruling, Justice Aboki said by virtue of the provision of section 151 of the Electoral Act on which the applicants’ motion ex parte was anchored, they were only entitled to inspection of the electoral materials and the certified true copies of all the materials used for the poll.

The two other members of the panel, Justices Peter Ige and Emmanuel Agim, agreed with the lead ruling.

Earlier, the three-man panel, in a pre-hearing session of the tribunal had on Wednesday, entertained the applicants’ argument for about 45 minutes and rose.

It promised to return in one hour’s time to deliver its ruling but did not return until about three hours after.

The applicants’ legal team was led by Mr. Livy Ozoukwu (SAN), but Chief Chris Uche (SAN), made submissions on behalf of the team.

As expected in an ex parte hearing, the respondents – President Muhammadu Buhari, the All Progressives Congress and the Independent National Electoral Commission – were absent and not represented by their lawyers.



Uche said during the Wednesday’s hearing that the ex parte motion contained six prayers, one of which sought the tribunal’s leave to bring the motion up in the tribunal pre-hearing session.

He added, “Prayers 2 to 6 are in summary seeking orders of this honourable court to allow the inspection and production of election documents used by the Independent Electoral Commission for the conduct of the presidential election to enable the applicants to institute and maintain an election petition.”

But during the proceedings, members of the panel expressed reservations‎ about whether the tribunal could grant some prayers contained in the application for orders allowing them to scan and photocopy electoral materials as well as allow them to conduct forensic examination and forensic audit of the materials.

Responding, Uche insisted that there were authorities of the Court of Appeal ‎which had interpreted section 155 of the Electoral Act to mean that petitioners could be granted all the prayers sought in the ex parte application.

[s]

effnepa:
We all know he is not going to be declared winner, but if its worth it for him to spend on educating the world about APC rigging methods why are people so concerned he could go bankrupt?

Npower alms have not been paid. I think it is the same account as BMC. Perhaps after governor elections. The boss doesn't want any good feelings to rub off on them.

[/s]

This one is under sifia pains they have finish Atiku

kahal29:
I dey laugh Atiku and his san's... Waiting for Wole Olanikpekun, Lateef Fagbemi, Akin Olugimi, Niyi Akintola to show appearance For PMb and APC.... This one na just the beginning

if they elections are free and fair and no rigging, why are you scared of forensic analysis?

[s]

naijapips04:


if they elections are free and fair and no rigging, why are you scared of forensic analysis?

[/s]

Children born yesterday... PMB was denied same in 2003 and 2007 it is the court that has ruled against him not APC or you no longer believe in courts?

Waste of time

hammerFC:
OP THIS IS FALSE NEW

Still victory for Atiku

oyebanji44:
empty headed

Same to you.

nwanyionitsha:
Same to you.

Dummy

oyebanji44:
Dummy

Same to you.

naijapips04:


if they elections are free and fair and no rigging, why are you scared of forensic analysis?

Scared of what?The Court said his request is not applicable under Nigerian law,some people just have no sense of comprehension.

rexwalters:
Scared of what?The Court said his request is not applicable under Nigerian law,some people just have no sense of comprehension.

Abeg help me explain to them

rexwalters:
Scared of what?The Court said his request is not applicable under Nigerian law,some people just have no sense of comprehension.

you are not very smart. Why are you zombies rejoicing over the ruling? Thought you claim the elections were free and fair and APC did not manipulate any result?

That you are rejoicing over the fact that the court has asked Atiku not to use forensic analysis to very the authenticity of the result shows how dubious your party is.

Nigeria these days is so messed up that we have young people celebrating election rigging.

Tufiakwa.

forensic analysis is atiku's best bet

Ooops

Stalwert:
[s][/s]

This one is under sifia pains they have finish Atiku

Atiku has bring another platform of MMM For his gullible supporters by paying any amount of money to support his Tribunal's case. those people get better scam neology well well .

naijapips04:


you are not very smart. Why are you zombies rejoicing over the ruling? Thought you claim the elections were free and fair and APC did not manipulate any result?

That you are rejoicing over the fact that the court has asked Atiku not to use forensic analysis to very the authenticity of the result shows how dubious your party is.

Nigeria these days is so messed up that we have young people celebrating election rigging.

Tufiakwa.

Haaa why are you like this ?? A child should listen and take correction from elders' statements. you are still repeating what you are being corrected .

adekolaelect:
Atiku has bring another platform of MMM For his gullible supporters by paying any amount of money to support his Tribunal's case. those people get better scam neology well well .

He know his supporters too well

kahal29:
I dey laugh Atiku and his san's... Waiting for Wole Olanikpekun, Lateef Fagbemi, Akin Olugimi, Niyi Akintola to show appearance For PMb and APC.... This one na just the beginning

Remember the story of David and Goliath?

Even without forensic analysis atiku will still burst their rigging