Congress For Progressive Change V. Independent National Electoral Commision (INEC) & 41 Ors (2011)
LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL
MOHAMMED LAWAL GARBA, J.C.A (Delivering the Leading Judgment)
On 24th May, 2011, this Honourable Court based on the consent term of the parties ordered as follows:-
“1. An order that INEC shall grant the Petitioner and any other party in the Petition, their counsel, agents or experts access to the Biometric Data base created by the DDC Machines for Register of voters, used at tile Presidential Election held on 16th April 2011.
INEC shall give Notice to parties as to time, date and place for such exercise provided that the absence of a party duly notified shall not delay such exercise.
- All order that INEC shall grant access to the Petitioner and any other part) to the petition, their counsel and their experts, to inspect and take Certified True Copy (CTC) of election materials i.e.
a. Register of voters used in all the Polling Units at Presidential Election held on 16/04/2011 throughout the Federation.
b. Electoral Forms EC8A, B, C, D & E.
c. Manual for the Election.
d. List of officials of INEC including ad hoc staff who participated in the conduct of the election.
e. Records of Ballot Papers distribution throughout the Federation.
f. Ballot Papers used in the Presidential election held on 16/04/2011.
B. Access for inspection and taking of copies of the Election materials shall be at the statutory location of such election materials i.e.
i. Custody of Resident Electoral Commissioners in various States.
ii. Custody Chairman of INEC provided all necessary official fees for such certification are paid.”
On 11/8/2011, the Petitioner pursuant to paragraphs 18(11) of the 1st Schedule to Electoral Act 2010 as Amended, Section 149(d) of the Evidence Act and under the inherent powers of this court brought application for:-
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