One of the issues that was deliberated was a motion filed on the 8th of May, 2019, by the PDP and Atiku/Obi legal team, seeking for an order to inspect the server used by INEC in the February 23, 2019 Presidential and National Assembly Elections.
After the application was mentioned by Dr. Chris Uche, on behalf of the PDP and Atiku/Obi legal team, INEC promptly opposed the application in an affidavit filed on 23rd of May, 2019, saying that the PDP and Atiku/Obi is “testing the waters with both legs, that the PDP is asking for something they don’t have”
Chief Wole Olanipekun, representing President Muhammadu Bubari requested the court to allow him 10 minutes to address the court on the matter.
The court asked if his address is different from his written address in reply to the PDP and Atiku/Obi application and he said yes but the court declined and asked him to rely on his written application, opposing the PDP request.
Chief Olanipekun further argued that the tribunal does not have jurisdiction to entertain the matter and prayed that the court should dismiss the application.
Chief Olanipekun cited exhibit 1 and 2 in his reply to the PDP application. In exhibit 1, Chief Olanipekun informed the court of a certified true copy, letter from the PDP in which the party (PDP), asked the INEC not to use electronic methods of transmitting results.
And in exhibit 2, Chief Olanipekun cited an order of the court in regard to the said application.
The APC also opposed the application of the PDP and Atiku/Obi. In a counter affidavit filed on the 24th of May, 2019, the APC prayed the Tribunal to dismiss the PDP application, urging the court not to make the mistake of granting the Party the order to inspect a material INEC already claimed they don’t have (the Server).
After listening to the application of the PDP and Atiku/Obi legal team and the counter affidavits from all parties, the trial Judge, Justice Mohammed Garba reserves ruling on the application to a later date and adjourned sitting to the 24th of June 2019.