Hearing in the suit seeking to compel the Independent National Electoral Commission (INEC) to release particulars of presidential candidate of the All Progressives Congress (APC), Senator Bola has been stalled.
The matter was stalled due to the absence of Tinubu’s counsel in court.
The case which is before the Abuja division of the Federal High Court, was filed against INEC by Mike Enahoro-Ebah. He took the electoral body to court over its alleged refusal to furnish him with the certified true copies (CTCs) of the nominations forms submitted by Tinubu in previous and forthcoming elections.
The application, marked: FHC/ABJ/CS/1337/2022 which came via a motion ex-parte dated and filed on August 5 before Justice Donatus Okorowo has INEC as the sole respondent.
But the matter, which was on number four on the day’s cause list, could not proceed because INEC was neither represented in court nor filed any processes.
The court had, on August 12, granted the ex-parte motion seeking leave to apply for judicial review of an order of mandamus directing or compelling INEC to furnish him with the CTCs of the “nomination forms for governor and affidavits in support of personal particulars and all other documents attached thereto, submitted to the respondent by and on behalf of Asiwaju Bola Ahmed Tinubu, for the 1999 and 2003 Governorship Elections in Lagos State.”
The applicant also asked the court to compel the electoral umpire to release to him the CTCs of the “Nomination Forms EC13A, EC 9, Affidavits and all other documents submitted to the respondent by and on behalf of Asiwaju Bola Ahmed Tinubu, for the 2023 Presidential Election in Nigeria.”
Although the matter was ealier fixed for September 2 for hearing, the case did go on because the court did not sit. However, when the case was called, yesterday, Enahoro-Ebah said his originating summons and the hearing notice indicating that the matter was coming up had long been served on the commission.
“The respondent has filed no processes in opposition to our motion and our originating motion is ripe for hearing and we are ready to proceed my lord,” he said.
Justice Okorowo advised the counsel to take another date to afford INEC more time to respond
“My lord, they have 14 days to respond and the time has elapsed,” he responded.
The judge further advised him to exercise patience so that the electoral umpire would not perceive the court to have delivered the judgment in a hurry. He said if the commission failed to file any application, the lawyer could file a contempt so that all these would be in court record
Okorowo subsequently adjourned the matter until October 12 for hearing and directed that INEC be issued with a hearing notice.
In an interview shortly after the sitting, Enahoro-Ebah said INEC, through one of its directors, invited him to the office on August 15 where he was given “Form EC 8 and Form EC9 which are the forms, affidavit and additional forms submitted by Tinubu in 2022.”
The lawyer, however, said the earlier documents the APC presidential candidate submitted in 1999 and 2023, which also formed part of his application have not been availed me.
“I asked the director when will those ones be ready and they said they will get in touch with me as soon as they are ready.”
He said the commission had already flouted its own law since 14 days had expired from the time the application was made.
