The Appeal between Mr. Tobenna Erojikwe v NBA & 2 Ors. was eventually heard today at the Court of Appeal, Abuja Division.
The Appeal which suffered a number of adjournments and delays was heard together with the Cross Appeal filed by NBA.
Mr. Erojikwe’s counsel argued that the Appeal was simply asking the Court of Appeal to compel NBA and the other Respondents to obey the Second Schedule, Part II Paragraph 8 of the NBA Constitution which required the Respondents to make available to the Appellant, in a timely manner, critical information, databases and other materials used in the conduct of the election to ensure openness and transparency. He argued that the legislative intent behind the provision was to ensure that the electronic voting system of the NBA is above reproach and that members of the association will have confidence in the process that produces their leaders. He finally urged the Court to allow the Appeal and grant all the reliefs sought.
The 3rd Respondent, (ElectionBuddy) was absent from Court. Counsel to the Appellant moved the Court pursuant to Order 19 Rule 9(4) to deem their Brief as argued. Application was granted.
The Respondents argued against the Appeal and urged the Court to dismiss it. Senior Counsel for NBA particularly took the position that NBA had provided all the relevant information to the Appellant as requested except the personal data of the voters. He did not mention which of the materials were provided though. He also argued a Cross Appeal on behalf of NBA asking the Court of Appeal to decline jurisdiction to hear the Appeal altogether.
Having heard argument on the Appeal and Cross Appeal, the Court of Appeal reserved judgment on a date to be communicated to parties.
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