Cross River tribunal orders forensic probe of INEC materials

The National and State Legislative Election Petition Tribunal sitting in Calabar, the Cross River State capital, has ruled that a forensic expert be called on to examine election materials presented by the Independent National Electoral Commission in a case against Senator Gershom Bassey.

Bassey, a member of the Peoples Democratic Party currently representing the Cross River State South Senatorial district in the National Assembly, was declared the winner of the May 28 senatorial election by INEC against Senator Bassey Otu of the Labour Party.

Otu’s counsel, Mr. Essien Andrew, had prayed the court to allow him bring in a forensic expert to examine the materials, but the respondents’ counsel, led by Nta Akpan Nta, kicked against it, describing it as a tactic by the petitioner to prolong the case. However, the tribunal chairman, Justice Christopher Awubra, upheld the prayer of the petitioner’s counsel, saying the application was necessary because it was not intended to abuse the principle of fair hearing as alleged by the respondents’ counsel.

Justice Awubra stated that the Electoral Act of 2011, as amended, provides that the inspection of disputed election materials (forensic analysis) could be adopted before or after a petition had been filed, adding that an application “can also be utilised to maintain, sustain and explain it.”

According to Justice Awubra, “the petitioner has the right to inspect the election materials and therefore, cannot be shut out without such an opportunity, more so, when the application is competent before the law.”