Accusations of bias have been leveled against the judges of the Election Petition Tribunal by Barrister Silas Ọnụ, the Peoples Democratic Party (PDP) candidate for the Ebonyi South Senatorial bye-election held on February 3, 2024. In a petition dated April 29, 2024, addressed to the President of the Court of Appeal, Onu demanded the dissolution of the panel.
He contests the victory of Processor Anthony Okorie of the All Progressives Congress (APC) as declared by the Independent National Electoral Commission (INEC).
The three judges, Justice H.N. Kunaza, Justice Basset Nkanang, and Justice M. O. Agboola, on the tribunal have been accused by Onu of a blatant disregard for justice.
During the proceedings, Onu applied for an order of Inspection of electoral material, specifically the BVAS, on April 15. His application was opposed by the 2nd and 3rd Respondents, while INEC, the first respondent, did not oppose it.
Despite the supporting evidence and legal precedents cited, the tribunal dismissed the application on April 27, 2024, claiming that granting it would amount to amending the Petition.
In response, Onu criticized this ruling, calling it a misrepresentation of facts and a disservice to justice. He expressed concern over the impact of such decisions on the integrity of the Nigerian Judiciary, especially in election-related cases.
Addressing the tribunal’s assertion that BVAS was not pleaded in the petition, Onu refuted this claim, emphasizing that the BVAS was clearly referenced in the initial petition.
He highlighted the specific mention of BVAS machines for data inspection in the petition, stating, “The BVAS machines used in the election for physical inspection of the data stored therein, together with their respective serial numbers” was clearly outlined in the document.