The Governorship Elections Petitions Tribunal sitting in Gombe has made a ruling allowing the petitioners – Muhammed Inuwa Yahaya and the APC – carry out forensic examination of ballot papers and other documents used during the April 11 governorship elections in the State.

The Justice Matthew Adewara led Tribunal however refused the prayer by the petitioner to have a recount of votes cast during the elections.

Delivering the ruling, Justice Matthew Adewara said although allowing the petitioners right of access to necessary election material for the purpose of instituting, maintaining and prosecuting their petition, the Tribunal also seeks to balance the petitioners’ right under Section 151 (1&2) of the Electoral Act and Section 36 of the 1999 Constitution with the voters’ right to privacy and secrecy in line with Section 125 (3a & b) of the Electoral Act and Sections 5 to 7 of the 1999 Constitution.

He said the Tribunal therefore allowed access to the said materials in such a way that it does not infringe on these voters’ rights.

On the second prayer made by the petitioners’ Counsel for the recount of votes, the Tribunal said the counsel based his argument on Section 64 of the Electoral Act which refers to the counting of the votes at the polling units noting however that the said section does not remove the jurisdiction of the Tribunal to order a recount where a request for such is properly made citing the cases of Osunbor vs. Oshiomhole and Agagun vs. Mimiko.

The Tribunal however refused to grant the petitioner’s request for a recount. Another contending issue so far has been the need to make relevant documents available.

The case was adjourned till Saturday 4 July when the Tribunal will be issuing its report on the pre-hearing which ends on the same day.