Atiku withdraws request for Appeal Court’s order to compel INEC, gives reason

The presidential candidate of the People’s Democratic Party (PDP), Atiku Abubakar, on Wednesday, withdrew his application in which he asked the Court of Appeal to compel the Independent National Electoral Commission (INEC) to grant him access to electoral materials used in the conduct of the February 25 election.

Atiku, who lost the presidential election to the presidential flag bearer of the All Progressives Congress (APC), Bola Tinubu, was granted permission on March 3 to inspect sensitive election materials including Bimodal Voter Accreditation System (BVAS) machines. which is distributed for polls.

But due to the alleged reluctance of INEC to grant him and the PDP access to election equipment and the result sheets of the presidential election, he filed another ex parte application on March 10 at the Court of Appeal.

A statement on Wednesday by Atiku’s spokesman, Paul Ibe, explained that the former Vice President withdrew the request after INEC complied with the court order.

He said, “…on Tuesday (March 14) at a conference meeting between the PDP, LP, APC and INEC lawyers, access was finally granted to the PDP legal team by INEC.

“When the matter was heard on Wednesday, the two motions were withdrawn because they had been defeated by events because access had been granted on Tuesday to Atiku and PDP,” Mr Ibe said.

The background

In a statement issued on March 10, Atiku’s lawyer, Joe-Kyari Gadzama, recalled, “On March 6, our Client’s representative led by Adedamola Fanokun, Esq (PDP National Legal Adviser’s office) returned to the Commission (INEC) ready to start inspection, examination and obtaining election materials as ordered by the Court, but he was informed in the Commission’s legal registry that there has been no instruction from the Commission regarding the Court’s Decision.

Mr. Gadzama, a Senior Advocate of Nigeria (SAN), lamented that “it is troubling that despite the service of the Court Order on the commission from March 3, 2023, the commission has not allowed clients and their representatives to access, inspect and/or obtain the necessary election materials as ordered by the court despite repeated visits to the commission and follow-up on it.

Atiku and the PDP were pressed for time to file the petition at the registry of the Presidential Election Petition Tribunal in Abuja, within 21 days from the date INEC declared Mr. Tinubu the winner of the race.

The Chairman of INEC, Mahmood Yakubu, announced Mr. Tinubu as the winner of the March 1 presidential election.

Read the statement below:

PRESS RELEASE

“My heart is that the PDP is withdrawing because it has gone viral

It has become important to make some clarifications after the insinuations and mischievous reports of the withdrawal of the application to the Independent National Electoral Commission (INEC) to give access to the legal team of the presidential candidate of the People’s Democratic Party, Atiku Abubakar and the PDP. regarding the examination of documents related to the February 25 presidential election.

The Court of Appeal has granted the request of Atiku and the PDP to be granted unrestricted access to INEC documents used for the presidential election.

On March 10, 2023 Atiku and PDP filed a motion (number 12M) ex parte and affidavit of urgency to ensure the implementation of the court order. The court, however, asked that they put Bola Tinubu, All Progressives Congress APC and INEC on notice. Consequently, they filed a motion on notice (number 13M) and an ex parte motion (number 13MA) for service to be changed in Bola Tinubu.

But on Tuesday at a conference meeting between PDP, LP, APC and INEC lawyers, access was finally granted to the PDP legal team by INEC.

When the matter was heard on Wednesday, the two motions were withdrawn as they had been defeated as access had been granted on Tuesday to Atiku and PDP.

signed:
Paul Ibe
Media Advisor Atiku Abubakar
People’s Democratic Party presidential candidate and former Vice President of Nigeria, 1999-2007
Abuja
March 15, 2023.”