Section 146
Inspection of documents(1) An order for inspection of a polling document or any other document or packet in the custody of the Chief National Electoral Commissioner or any other officer of the Commission may be made by an Election Tribunal or a Court of competent jurisdiction if it is satisfied that the order required is for the purpose of instituting, maintaining or defending an election petition.
(2) A document other than a document referred to in subsection (1) relating to an election and which is retained by the Chief National Electoral Commissioner or any other officer of the Commission in accordance with this section shall be open for inspection on an order made by the Election Tribunal or the Court in exercise of its powers to compel the production of documents in legal proceedings.
(3) Where there is a breach of an order of the Election Tribunal or the Court directed at the Commission, particularly order to produce, inspect or take copies of electoral documents or materials, the Commission shall first be summoned to show cause why it cannot comply with the order to establish disobedience before it can be deemed to have disobeyed the order.
(4) Such disobedience where established, shall attract court sanctions, which shall include the committal by the Tribunal or Court of the Commission’s official to whom the order is directed to summary conviction to imprisonment for at least two years, without an option of fine.
This section aims to ensure that relevant election documents required in an election petition are produced in court by INEC. It empowers a court or tribunal to order or compel the production and inspection of election related documents in custody of the INEC Chairman or any other staff of the commission in an election petition.
If the Commission fails to produce such documents, it is allowed to show cause i.e., explain the reason for its failure to comply. If not, it will be deemed to be disobedience of a court order.
Where disobedience is established, the INEC official who was directed to produce the document will face a summary conviction to imprisonment for at least two years, without an option of fine.
The repealed 2010 Act had no penalty for disobedience.
ABUBAKAR ATIKU & PDP v. INEC, TINUBU BOLA AHMED & APC (CA/PEPC/05/2023 ) (Unreported)
Section 146(1) of the Electoral Act 2022 and the interim orders of the Court only permits petitioners to inspect election documents for the purposes of "instituting or maintaining" an election petition. Section 146(1) does not give a petitioner the leeway to adduce bulky evidence in breach of section 83(3) of the Evidence Act.
See AKINTAYO V. JOLAOYE (2013) ALL FWLR (PT. 679) 1152
