Agbaje had petitioned the tribunal over the election, which he lost to Ambode of the All Progressives Congress (APC).
Agbaje had alleged some irregularities during the election, which he said, contravened the provisions of INEC approved guidelines for the election.
As the legal battle begins, on Tuesday, the Lagos State
Governorship Election Petition Tribunal granted Agbaje leave to inspect all
polling materials and documents used in the April 11 governorship election in
the state.
Agbaje was the Peoples Democratic Party (PDP) governorship
candidate in the election in which the Independent National Electoral
Commission(INEC) declared Mr Akinwunmi Ambode of the All Progressives Congress
as the winner.
The three-man tribunal, led by Justice Muhammad Sirajo, gave
the order while ruling on a motion ex-parte filed by Agbaje’s counsel, Mr
Clement Onwuenmunor.
The tribunal also ordered INEC to provide certified true
copies of all polling documents, including printed data from the card reader
machine, in each polling unit.
However, the tribunal rejected Agbaje’s request to inspect
the polling documents and devices used in the conduct of the March 28
Presidential Election in Lagos State.
Sirajo noted that the tribunal was set up solely to hear and
determine the petitions relating to the governorship election.
“The tribunal does not have the power to make an order for
the inspection of the documents and devices used for the presidential election.
It is hereby refused,” he added.
The tribunal also rejected Agbaje’s application, pursuant to
the Freedom of Information Act, seeking an order to compel INEC to produce all
polling documents, and card reader machines used for the governorship election.
According to the panel, the petitioner can request for
materials and documents it deemed necessary to his case by way of subpoena when
the tribunal has fully commenced proceedings.
The judge noted that the respondents should be given the
statutory time to file their replies to the petitioner’s originating summons,
adding that notices would be sent to parties for the pre-hearing conference.
The respondents in the suit are : INEC, Ambode, APC and the
INEC Resident Electoral Commissioner for Lagos State.
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