In a striking defiance of judicial authority, the Independent National Electoral Commission (INEC) has reportedly ignored a court order granted to Dr. Asue Ighodalo, the governorship candidate of the Peoples Democratic Party (PDP) in Edo State.
The order, issued by the Edo State Governorship Election Petition Tribunal on September 29, 2024, instructed INEC to permit PDP lawyers and forensic experts to inspect critical election materials linked to the controversial governorship election held on September 21, 2024.
Presided over by Hon. Justice W.I. Kpochi, the ruling mandated INEC to provide unfettered access to essential documents, including voter registers, ballot papers, and results from the BVAS (Biometric Voter Authentication System) machines employed during the election.
The specific materials designated for inspection included forms EC25B, EC40A, EC40C, and EC8A, which contain voting and accreditation data from all 4,519 polling units across Edo State.
Despite the clear legal directive, INEC has reportedly stalled the inspection process, citing an “order from above” as the reason for its inaction. This delay raises significant concerns regarding the integrity of the electoral process, especially given that the PDP candidate has only five days remaining to file his election petition.
Further complicating the situation, members of the Nigerian Police reportedly obstructed the PDP team from accessing INEC’s office in Benin City. Witnesses claim that police officers stationed at the site denied entry to PDP lawyers and forensic experts, which has been described as a blatant obstruction of justice.
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Tensions escalated when, shortly after the PDP team arrived, a group of All Progressives Congress (APC) members confronted them, allegedly with police assistance, forcing the PDP lawyers to flee the scene amid threats and harassment.
The court’s order explicitly granted the PDP’s legal team and forensic experts the right to inspect a variety of electoral materials, including:
Unrestricted Access:
BVAS machines used for voter accreditation.
Voter registers for all polling units.
Forms EC25B, EC40A, EC40C, and EC8A used during the election.
Polling unit results uploaded to the INEC IREV portal.
Immediate Action:
INEC was required to ensure the safekeeping and preservation of all electoral materials to prevent tampering until the inspection and subsequent legal proceedings were concluded.
Forensic Examination:
PDP forensic experts were granted access to examine the authenticity of the election documents and materials utilized in the governorship election.
The failure of INEC to comply with the tribunal’s directives, compounded by the Nigerian Police’s obstruction, casts serious doubt on the prospects for a transparent legal resolution to the election dispute. Many observers are concerned about potential collusion between these institutions aimed at undermining the election petition process.
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A senior legal representative from the PDP expressed outrage over the developments, labeling them a “blatant attack on democracy.” “This is a clear case of obstruction of justice. The court has granted us the right to inspect these materials, and yet INEC and the Police are preventing us from exercising that right. It is becoming evident that powerful forces are working behind the scenes to sabotage the legal process,” the spokesperson stated.
In light of these events, the PDP is considering filing for contempt of court against INEC officials and may also pursue legal action against the Nigerian Police for their role in blocking access to the Commission’s office.
The ongoing refusal to comply with the court order, alongside alleged intimidation tactics employed by APC members, has heightened tensions throughout Edo State. PDP supporters are calling for immediate intervention to protect the integrity of the electoral process.
“We will not stand by while INEC and the APC collude to subvert the will of the people,” declared one party official.
As the situation develops, observers are closely monitoring whether the judiciary will enforce its ruling and if INEC will eventually comply.
Despite the mounting challenges, the PDP remains resolute in its commitment to continue its legal battle to reclaim what it views as its rightful victory in the September 21 election.