Tensions rise as INEC stalls PDP forensic review of election documents

The Independent National Electoral Commission (INEC) has refused to comply with a court order secured by Dr. Asue Ighodalo, the Peoples Democratic Party (PDP) governorship candidate in Edo State. The order, granted by the Edo State Governorship Election Petition Tribunal, directed INEC to allow PDP lawyers and forensic experts to inspect critical election materials used in the controversial September 21, 2024 governorship election.

The court, presided over by Hon. Justice W.I. Kpochi, had on September 29, 2024, issued the ruling after reviewing the motion filed by PDP’s legal team. The order granted unfettered access to several key documents in INEC’s possession, including voter registers, ballot papers, and results from the BVAS machines used in the election. The court specifically mandated the inspection of forms EC25B, EC40A, EC40C, and EC8A, which recorded voting and accreditation results from the 4,519 polling units across Edo State.

Despite the clear legal directive, INEC has reportedly stalled the process. An unnamed source within INEC revealed that the Commission is awaiting “an order from above” before it allows the PDP team to begin their inspection of the materials. This development has caused significant concern about the integrity of the electoral process, particularly given the high stakes in the disputed governorship election and the fact that the PDP candidate only has 5 days left to file his election petition.

Police Blockade and APC Intimidation Tactics

The PDP’s efforts to inspect the materials were further thwarted when officers of the Nigerian Police physically prevented the party’s lawyers and forensic experts from even reaching the gates of the INEC office in Benin City. Witnesses at the scene reported that the police, stationed outside the premises, refused to allow the PDP team entry, in what many have described as an unlawful obstruction of justice.

The situation escalated just 10 minutes after the PDP team arrived, when a group of APC members descended on the INEC premises. The APC members, reportedly acting in a coordinated effort, were allowed by the Police to confront the PDP lawyers, who were forced to flee the scene. According to eyewitnesses, the thugs harassed and threatened the PDP legal team, effectively ensuring that the court-mandated inspection could not proceed.

Court Order Details

The court order issued by the Edo Governorship Election Petition Tribunal was explicit in its instructions. Among the key reliefs granted were:

1. Unrestricted Access: INEC was directed to provide the PDP’s legal and forensic team with unfettered access to all electoral materials in its custody, including:
• BVAS machines used during the election for voter accreditation.
• Voter registers for all polling units.
• All forms used in the election, including EC25B, EC40A, EC40C, and EC8A.
• Polling unit results uploaded to the INEC IREV portal.
2. Immediate Action: INEC was mandated to ensure the safekeeping and preservation of all electoral materials, ensuring they were not tampered with, pending the outcome of the inspection and subsequent legal proceedings.
3. Forensic Examination: The court granted PDP forensic experts access to examine the authenticity of election documents and materials used during the governorship election.

However, INEC’s refusal to comply with these clear directives, and the Nigerian Police’s blockade, now cast serious doubt on the possibility of a transparent legal resolution to the disputed election results; and suggests there might be collusion between the institutions to sabotage the election petition.

PDP’s Response

Speaking on behalf of the PDP, a senior legal representative expressed outrage at the events that unfolded, describing them as a blatant attack on democracy. “This is a clear case of obstruction of justice. The court has granted us the right to inspect these materials, and yet INEC and the Police are preventing us from exercising that right. It is becoming evident that powerful forces are working behind the scenes to sabotage the legal process,” the spokesperson said.

The PDP is now considering filing for contempt of court against INEC officials and is also weighing the possibility of legal action against the Nigerian Police for their role in preventing access to the Commission’s office.

Tensions Mount in Edo State

The refusal to comply with the court order, combined with the intimidation tactics allegedly deployed by APC members, has heightened tensions in Edo State. PDP supporters have called for immediate intervention to ensure that justice is not undermined. “We will not stand by while INEC and the APC collude to subvert the will of the people,” one party official stated.

Observers are now closely watching how the situation unfolds, particularly whether the judiciary will take further action to enforce its ruling and whether INEC will eventually comply with the order. The PDP has vowed to continue its legal battle to reclaim what it believes is its rightful victory in the September 21 election, despite the mounting obstacles.