A lawyer, Mike Enahoro-Ebah, has sued the Unbiased Nationwide Electoral Charge (INEC) over its alleged refusal to furnish him with the licensed true copies (CTCs) of Bola Tinubu’s presidential nomination varieties.
Mr Tinubu is vying for the Nigerian presidency inside the 2023 election on the platform of the All Progressives Congress (APC).
Mr Enahoro-Ebah, in a motion ex-parte utility filed on 5 August on the Federal Extreme Court docket docket, Abuja, sued INEC as the one respondent inside the matter.
Inside the utility marked FHC/ABJ/CS/1337/2022, the lawyer sought an order granting him go away to make use of for judicial evaluation of an order of mandamus directing or compelling INEC to furnish him with the CTCs of the “nomination varieties for governor and affidavits in assist of private particulars and all completely different paperwork…submitted to…INEC…by… Bola Ahmed Tinubu, for the 1999 and 2003 Governorship Elections in Lagos State.”
The go away of courtroom is a prerequisite for a such go effectively with to begin completely. If the courtroom, inside the practice of its discretion, refuses to grant the applicant the go away, it’s going to mark the highest of the go effectively with.
The applicant seeks to ask the courtroom to compel the electoral umpire to launch to him the CTCs of the “Nomination Types EC13A, EC 9, Affidavits and all completely different paperwork submitted to… it by and on behalf of Asiwaju Bola Ahmed Tinubu, for the 2023 Presidential Election in Nigeria.”
Mr Enahoro-Ebah talked about he had utilized for the paperwork by way of his letters of 13 July and 22 July to INEC in compliance with Half 29 (4) of the Electoral Act, 2022; Half 1 (1) & (3); Half 2 (6) and Half 7 (4) of the Freedom of Knowledge Act, 2011, to no avail.
Grounds of utility
The plaintiff primarily based his request for Mr Tinubu’s credentials on the grounds that they’re inside the custody of INEC and thereby have flip into public paperwork which he has a correct conferred on him by Half 29 (4) of the Electoral Act, 2022 and Half 1 (1) of the Freedom of Knowledge Act, 2011.
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“The mandatory statutory size of 14 (Fourteen) days inside which the respondent is to concern CTCs of the requested public paperwork in its custody and possession, in response to Half 29 (4) of the Electoral Act, 2022, has lapsed, subsequently, the respondent is deemed to have refused to accede to applicant’s request/utility,” the lawyer argued in his filings.
“The appropriate of entry to public paperwork in custody and possession of the respondent is inclusive of the correct to institute civil proceedings in courtroom to compel the respondent to concern similar paperwork to anyone who applies for similar, as established in Half 29 (4) of the Electoral Act, 2022, and Half 1 (3), Half 2 (6) and Half 7 (4) of the Freedom of Knowledge Act, 2011.
“Most people paperwork sought from the respondent are associated a method or one different to election and the sui generis nature of it means time is of the essence,” he talked about.
Mr Enahoro-Ebah urged the courtroom to declare that the failure of INEC to furnish him with the CTCs of most people paperwork in its custody amount to “a breach of Half 29(4) of the Electoral Act, 2022 and a wrongful denial of information beneath the Freedom of Knowledge Act, 2011.”
The case is however to be assigned to a determine.
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