The Ogun State Election Petition Tribunal yesterday rejected bids by Governor Ibikunle Amosun and the All Progressives Congress (APC) to stop the candidate of the Peoples Democratic Party (PDP), Gboyega Isiaka, from accessing the materials used in the April 11 election.
The tribunal granted Isiaka’s prayer to have unfettered access to the Independent National Electoral Commission (INEC) documents used during the election.
Tribunal Chairman, Justice Henry Olusiyi said Isiaka’s prayer succeeded and was granted because it has considerable merit.
According to Justice Olusiyi, Amosun’s counsel Olumide Ayeni was unable to convince the court how the granting of Isiaka’s prayer would be prejudice.
Isiaka’s counsel Funminiyi Adeleke argued that INEC’s documents would assist in the determination of the substantive petition before the tribunal.
Adeleke argued that granting the application would be in line with the applicant’s right to fair hearing as well as strengthening justice.
But, in opposing the application at the time, Ayeni argued that it was grossly incompetent and that the tribunal also lacked the jurisdiction to entertain it
The counsel also reckoned that the application sought to embark upon a fishing expedition for evidence, thus rendering it an utter and complete ruse calculated to mislead the tribunal.
He explained that all documents being sought by the applicant have been in his custody as demonstrated by the available information before the court.
In granting the application, Justice Olusiyi said the issue for determination was resolved in the affirmative in support of the applicant.
“Counsel to the first respondent failed to show how granting the application would prejudice him.
“There’s considerable merit in the application, it succeeds and is hereby granted,” he ruled.
The tribunal, however, directed that Amosun’s and APC’s representatives should be available during the inspection, which should be concluded in seven days.
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