CPC yesterday commenced the process of seeking to invalidate the victory of President Goodluck Jonathan at the 2011 presidential election by filing a preliminary application at the National Election Tribunal in Abuja.
Among the prayers of the CPC is that INEC should be compelled to avail it with certain polling materials, which it seeks to use in prosecuting its petition.
Joined as defendants in the suit are the INEC, Chief National Electoral Commissioner (Prof. Attahiru Jega), President Jonathan, his running mate and Vice President, Namadi Sambo, the Peoples Democratic Party (PDP) and the Resident Electoral Commissioners for the 36 states, including the Federal Capital Territory (FCT).
In an exparte application filed by its counsel, Rickey Tarfa (SAN) and brought pursuant to Sections 77(1) and 151 of the Electoral Act, 2010 (as amended) and Order 26 Rule 8 of the Federal High Court (Civil Procedure) Rules 2009, CPC is praying for an order of the court directing the 1st,2nd, and 6th to 42nd respondents to seal all the Direct Data Capturing Machines (DDC machine), ballot papers and ballot boxes used in the Presidential Election held on April 16, 2011 so as to preserve same for forensic test in the course of the petition to be filed shortly.
The applicant also seeks an order directing the 1st and 2nd respondents [INEC and Jega] to produce for inspection of the applicant and permitting the applicant to take copies of the documents/materials/ballot papers used in the conduct of the presidential election as shown out in the schedule to this motion.
The exparte application also seeks the following reliefs:
An order of the Tribunal directing the 1st and 2nd respondents to allow access of the petitioner, her solicitors, agents and biometric experts to Biometric Data base of all registered voters in Nigeria in the presence of the respondents for the purpose of cross checking the finger prints on the face of the Ballot Papers cast in the states, local government, wards , and polling units in respect of complaints in this petition and to compare them with finger prints, entries in the Biometric Database already in the custody of 1st respondent for the purpose of making analysis for use in evidence before the Tribunal.
An order of the Court directing the 1st,2nd and 4th -42nd respondents to provide to the applicant for its use for its petition, the list of INEC officials and ad hoc staff containing their names addresses, occupations and other designations of the said officers and staff used in the presidential election across the nation.
An order of the court directing the 1st, 2nd and 4th-42nd respondents to provide to the applicant for its use for its petition, the list of local contractors engaged by INEC to print ballot papers used in the Presidential Election and copies of contract papers used in the Presidential election and copies of contract papers executed by INEC evidencing the awards of the contract to them;
An order of court directing the 1st, 2nd, and 4th-42nd respondents to provide to the applicant for its use for its petition, guidelines and manuals issued by INEC for the conduct of 2011 general elections;
An order of court directing the 1st, 2nd and 4th-42nd respondents to provide to the applicant for its use for its petition, list of accredited local and international observers for the purpose of monitoring the presidential election.
An order of court directing the 1st, 2nd and 4th-42nd respondents to provide to the applicant for its use for its petition, tabulation of ballot papers distribution evidencing the serial numbers of the ballot papers shared across the country in polling unit, ward, llocal government and states basis;
An order of court directing the 1st, 2nd and 4th-42nd respondents to provide to the applicant for its use for its petition, delineation of polling units by their codes on the basis of states, federal constituencies, local government, wards and polling units;
An order of court directing the 1st, 2nd and 4th-42nd respondents to provide to the applicant for its use for its petition un-coded EXCEL application templates used in the computer summation of the result for the presidential election used across the nation;
An order directing the 1st, 2nd and 4th – 42nd respondents to provide to the applicant for its use for its petition all the thumb printed ballot papers in all the polling units in all the states that were used across the nation in the presidential election; and
An order directing the 1st, 2nd, and 4th-42nd respondents to provide to the applicant for its use for its petition, copies of relevant forms for electoral materials receipt and ballot paper account and verification statement in which entries of ballot papers dispatched for the presidential election was recorded.
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