In urging the tribunal to dismiss the application the court should be wary of making an order which is incapable of being enforced as INEC has said they do not have what the PDP is asking for.
The presidential election petitions tribunal has reserved ruling in the application filed by the Peoples Democratic Party (PDP) and its presidential candidate Atiku Abubakar, in the February 23 presidential election.
PDP and its candidate Atiku had earlier moved a motion seeking for access to inspect the server and data of smart card reader used by the Independent National Electoral Commission (INEC) in the conduct of the presidential election.
The chairman of the panel, Justice Mohammed Garba, reserved ruling in the application shortly after counsels in the case argued their briefs in the suit.
The PDP earlier asked the court to grant the order in the interest of justice; fair hearing and neutrality to enable the petitioners to maintain their petition.
Responding to the application, counsel to INEC, Mr. Yunus Usman asked the tribunal to refuse the request of the petitioners.
"The PDP said we should bring something we don’t have,” Usman told the court.
In opposing the application, counsel to President Buhari, Mr. Wole Olanipekun filed a motion with two exhibits which include an ex parte motion filed by the PDP seeking to inspect election materials.
While exhibit two is the ruling of the appeal court of March 6, 2019, for the application filed by the PDP and asked the tribunal not to grant the application nor overrule itself.
The All Progressives Congress (APC) through its counsel, Mr. Lateef Fagbemi aligned himself in asking the tribunal to dismiss the application of the PDP.
In urging the tribunal to dismiss the application the court should be wary of making an order which is incapable of being enforced as INEC has said they do not have what the PDP is asking for.
He adds that there is no concrete material before the tribunal to prove otherwise.
Tribunal, therefore, adjourned to June 24, for the continuation of the pre-trial hearing.