A lawyer, Mike Enahoro-Ebah, has asked a Federal High Court in Abuja to compel the Independent National Electoral Commission (INEC) to publish the certified true copies of documents filed by the All Progressives Congress (APC) presidential candidate in the 2023 election, Bola Tinubu.
In a motion ex parte dated August 5, 2023, Enahoro-Ebah sought the leave of the court for judicial review for an order of mandamus or to compel INEC to furnish him with the copies of public documents in its custody and possession, which he had sought on July 13, 2022, in compliance with Section 29(4) of the Electoral Act, 2022, Section 1(1) & (3), Section 2(6) and Section 7(4) of the Freedom of Information Act, 2011.
The documents include “nominations form for governor and affidavits in support of personal particulars, and all other documents attached thereto submitted to the respondents by and on behalf of Asiwaju Bola Ahmed Tinubu, for the 1999 and 2003 governorship elections in Lagos State” and “Nomination forms EC13A, EC9 affidavits all other documents submitted to the respondent by and on behalf of Asiwaju Bola Ahmed Tinubu, for the 2023 presidential election in Nigeria.”
Enahoro-Ebah, on four grounds of the application, argued that his request for the CTCs of public documents in custody and possession of INEC is a right conferred and established by Section 29 (4) of the Electoral Act, 2022 and Section 1 (1) of the Freedom of Information Act, 2011.
He added that Section 29(4) of the Electoral Act, 2022, provides for the mandatory statutory duration of 14 days within which INEC is to issue CTCs of the requested public documents in its custody and possession, which, has lapsed, therefore, the respondent is deemed to have refused to accede to applicant’s request/application.
No date has been fixed for the hearing.