The Independent National Electoral Commission (INEC) has given reasons for the delay in its release of copies of materials used for the last governorship election in Imo state to the Peoples Democratic Party (PDP) and its candidate, Senator Samuel Anyanwu.
The PDP and Anyanwu are, by a petition before the Imo State governorship election tribunal, sitting in Abuja, challenging the outcome of the November 11, 2023 election won by Governor Hope Uzodinma of the All Progressives Congress (APC).
INEC, through its lawyer, A.M. Aliyu (SAN) said the delay was caused by the failure of the petitioners to comply with the conditions stipulated in Section 253(2) of the Evidence Act and Order 20 Rule 10 of the Federal High Court (Civil Procedure) Rules.
Aliyu stated that INEC has made available certified true copies (CTC) of the voter register in about seven out of the 27 Local Government Areas (LGAs) in Imo State, but that the petitioners have failed to pick them up at its Owerri office.
He added that the petitioners have equally failed to comply with the provision of the law for the transmission of the documents as contained in the subpoena issued by the tribunal.
An INEC official, Nwankwo Onyinyechi, who was subpoenaed at the instance of the petitioners, corroborated Aliyu’s position.
Onyinyechi said: “We received a subpoena and the petitioners wrote a letter for the certified true copy of the voters register and other documents.
“After that, we had an understanding with them (petitioners) that they would liaise with a business centre that would photocopy the voters register, which they did.
“Following that understanding, they produced photocopies for seven LGAs, which the commission has certified.
“However, the petitioners asked the business centre to stop production until further notice.
“The voters registered for the seven LGAs have been certified, but the petitioners have not come to pick them up. They are lying in our office in Owerri. We wrote a letter to the petitioners to come, but they have not come over.”
Earlier, the petitioners’ lawyer, Johnson Usman (SAN) accused INEC of flouting the tribunal’s order by allegedly failing to make available to his clients materials used for the November 11, 2023 governorship election, including the voters register.
Usman told the three-member tribunal, led by Justice Oluyemi Akintan-Osadebay that INEC deliberately refused to produce the election materials after allegedly collecting N5 million from the petitioners since January 26 as a processing fee.
He added that besides the N5m paid by his clients as a processing fee, the petitioners also paid N4m to a business centre for the photocopying of the voter register.
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Usman added: “On February 7, 2024, INEC said we should pay N50,000 for the CTC, which we did and it issued us a receipt.”
He expressed concern that out of the 27 LGAs in the state, INEC has only provided the CTC of voters registered for seven LGAs.
Usman however, proceeded to tender some other election documents representing polling units in all the 27 LGAs, which the tribunal admitted in evidence.
Further hearing in the case has been adjourned till March 21, during which the petitioners are expected to close their case.