The Court of Appeal has refused to restrain the Independent National Electoral Commission (INEC) from reconfiguring the bimodal voter accreditation system (BVAS) ahead of the governorship and state assembly elections.
The ruling was delivered on Wednesday by a three-member panel of the court of appeal led by Joseph Ikyegh.
The court held that restraining the electoral commission would constrain INEC from conducting the March 11 elections.
At the court session on Tuesday, Obi, and LP, through their team of lawyers led by Onyechi Ikpeazu, said the essence of the application was to enable them to extract data embedded in the BVAS, “which represent the actual results from polling units”.
The electoral body insisted that granting the request by Obi and LP would affect its preparations for the impending governorship and national assembly elections.
It told the court that there are about 176, 000 BVAS that were deployed to polling units during the presidential election.
In an application, Peter Obi, presidential candidate of the Labour Party (LP), had sought an order of the court “restraining the 1st respondent (INEC) from tampering with the information embedded in the BVAS machines until the due inspection is conducted and certified true copies (CTC) of them issued”.
INEC had said no data would be lost while configuring BVAS ahead of the elections.
In a motion on notice filed on 4 March, the INEC’s lawyer said granting the orders would “cause a delay in the conduct of the forthcoming governorship election”.
Tanimu Inuwa, counsel to the INEC, spoke on Tuesday while moving an application seeking to vary the orders of the court which gave permission to Obi and Atiku Abubakar of the Peoples Democratic Party (PDP), to inspect all the sensitive materials used in the conduct of the presidential election held on February 25.
The court had granted two different ex parte applications brought by Obi, Abubakar, and their respective political parties.
