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The Kwara State Governorship Election Petition Tribunal
yesterday granted an order that all election materials used during the April 26
elections be made available for inspection. The order followed an ex-parte
application by Osaro Eghobamien, the counsel to the Action Congress of Nigeria
(ACN) governorship candidate, Dele Belgore.

Mr Eghobemien, on behalf of his client, had ahead of yesterday’s
inaugural sitting of the tribunal filed an application before the tribunal on
May 7, to challenge the election victory of the Peoples Democratic Party’s
(PDP) candidate, Abdulaziz Ahmed.

The three-man panel, headed by Ngozi Priscilla Emehelu, while
granting the prayers sought by the applicant, ruled among others,

that there should be an inspection of polling booths and
election materials used and unused for the April 26 governorship elections in
about 200 wards in the state.

The tribunal also granted permission for the forensic
examination, as well as the electronic scanning of the election materials.

Relying on section 151(1) of the Electoral Act (amended 2010),
and the case of Rauf Aregbesola V. Olagunsoye Oyinlola, the tribunal directed
compliance with the consequential orders.

However, the tribunal did not honour the prayer of the applicant
that the documents and materials be kept in the court custody, and this was
because of the provision of section 72 of the Electoral Act which is to the
effect that only the Independent Electoral Commission (INEC), that is, the Resident
Electoral Commission (REC) shall have the custody of election documents.

The tribunal ordered the respondents to the petition to comply
with the orders made by the tribunal.

Ms Emehelu said the establishment of the panel was pursuant to
section 285 of the Constitution of the Federal Republic of Nigeria 1999, as
amended by section 9 of the Second Alteration Act 2010, paragraph 1 and 2 of
the sixth schedule of the constitution, 2010.

She said the secretary of the tribunal, Fransisca Mesiobi Emeto
had earlier reported in Ilorin to set up the registry of the tribunal with
supporting staff. She, however added that as at the time of its sitting on
Wednesday, no single petition had been received.

“As I speak to you, no petition has been filed before this
tribunal, save for an application, EPT/KWA/GOV/1M/2011: Mohammed Dele Belgore
of the Action Congress of Nigeria and two others V. Fatahi Ahmed of the Peoples
Democratic Party and 4 others, which was filed on the 7th May 2011 seeking
inter-alia, for the leave of the court to inspect and make copies of certain
documents used in the conduct of the governorship election of Kwara State for
the purpose of instituting and, or maintaining the applicants election
petition,” she said.

Ms Emehelu, who promised that the tribunal would give petitions
before it “expeditious adjudication”, pleaded that people should know that
election tribunals “are sui generis”, that is, belonging to a class of their
own, and give it maximum cooperation to enable the accelerated hearing of the petitions.

Other justices sitting as part of the tribunal are Kadi Dahiru Abubakar and
Saidu Sifawa.