The Kano State Governorship Election Petition Tribunal, on Friday, granted leave for All Progressives Congress (APC) to access and inspect BVAS Machine, used by the Independent National Electoral Commission (INEC) during March 18, 2023 election in the state.
The 3 member panel, granted the leave for the Petitioner to Produce and Inspect the BVAS Machine used in the following LGAs: Bebeji, Gezawa, Tudun Wada, Garko, Ungogo, Ajingi, Bunkure, Warawa and Karaye.
It could be recalled that the Petitioner led Counsel Mr Nuraini Jimoh SAN filed an application seeking the Tribunal to allow APC to inspect the devices of the affected LGAs with BVAS Machine issues, during Kano Governorship Election conducted on 18th, March, 2023.
In its ruling, Justice Oluyemi Akintan Osadebay said after reviewing all the facts adduced by both counsel, she upheld that Petitioners made pleading in several parts of their petition.
She maintained that granting application will not give room for the petitioner to cure their defect.
“It amounts to a denial of fair hearing not to grant access for the petitioner to inspect the BVAS machine as prayed, considering the provision of section 146 of Electoral Act, 2022 as amendment.”
The Tribunal similarly dismissed the prayer seeking to join all parties during the inspection of BVAS Machine.
Consequently, the respondents in the Petition filed a preliminary objections seeking the Tribunal to dismiss the petition for alleged defectiveness.
In their separate submissions, Counsel to INEC, Barrister KC Wisdom, Engr Abba Kabir Yusuf, BJ Akomolafe SAN and NNPP Barrister Abdulhamid Mohammed said the sponsor and nomination of a candidate is purely a party affairs, stressing that it is not necessary for a name of person sent to INEC to appear in the register.
