From: Diana Okon-Effiong, CalabarThe National and State Legislative Election Petition Tribunal sitting in Calabar, Cross River, is insisting that the use of Forensic Analysis to ascertain the veracity of votes cast is relevant as it will assist in disposing electoral disputes before it.
The three-member Tribunal led by Justice Christopher Awubra, stated this in a ruling over a petition filed by a counsel in Petition No. EPT/CR/SE/2/2015, Bar. Essien Andrew.
Andrew prayed the tribunal to grant an opportunity to call more witnesses to prove his case.
The petition is over the disputed polls for the Cross River South Senatorial District filed by Senator Bassey Otu of the Labour Party (LP), challenging INEC return of Sen. Gershom Bassey of the People’s Democratic Party (PDP).
The petitioner also joined the PDP and INEC in the suit.
The Petitioner had defected from the PDP to LP having been denied the return ticket for the second term bid to the Red Chambers of the National Assembly.
the petitioner had in a motion prayed the tribunal to allow it to call two additional witnesses such as the forensic experts and another person to corroborate the analysis and maintain its case before the panel.
The Respondents led by Barrister Nta Akpan Nta for the first Respondent, appearing with Barristers Efefiom Edem Ekong and Eni Okoi for the second and third respondents, opposed the submission by the defense arguing that it was time barred.
They also argued that it was an attempt to amend their petition out of time however surreptitiously and over-reach the Respondents.
They urged the tribunal to dismiss the application of the Petitioner even as one of the Respondents Counsel, Bar. Barth Izato tried unsuccessfully to convince the Tribunal that he was present during the inspection of the materials used for the election as directed even though not on official capacity as he did not receive a formal invitation as extended to other parties.
In its Ruling, the Tribunal upheld that the Application and the Motion is binding an tenable because it is not intended to amend its earlier stance neither to abuse the principle of fair hearing as alleged by the Respondents.
The Ruling restated that the Electoral Act 2011 as amended provides that the inspection of disputed election materials (Forensic Analysis) can be adopted before or after a Petition has been filed and can also be utilized to maintain, sustain and explain that so filed.
It went on to enlighten that the Tribunal which earlier granted the Petitioner the right to inspect the Election Materials cannot shut him out without an opportunity to explain what was discovered more so when the application is competent before the law.
Furthermore, the Tribunal averred that it would instead tantamount to recovering from the left hand what was legally granted by the right and therefore approved a total of twenty days for the parties in the dispute to present their witnesses as the matter progresses into the hearing stage.
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