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The judges said it was impossible for the tribunal to delve into the server issue at the interlocutory stage of the panel’s sittings.
The PDP and Mr Abubakar, through their lawyers, led by Levy Uzoukwu, asked the tribunal to compel INEC to grant them access to the server and smart card readers used in the conduct of the election.
“They are asking us to bring something we do not have,” Mr Usman said.
He further called the attention of the tribunal to its judgment of March 6 granting PDP access to inspect only election materials without the server.
The PDP and Mr Abubakar are challenging the declaration of President Muhammadu Buhari of the All Progressives Congress (APC) as the winner of the election.
The counsel to President Muhammadu Buhari, Wole Olanipekun, and the APC, Lateef Fagnemi, on their part, asked the court to dismiss the application for failing to disclose the existence of the server.
Mr Abubakar had said that results from the INEC server showed that he scored 18,356,732 votes as against 16,741,430 votes by Mr Buhari. INEC had through manual collation announced President Buhari winner of the election with 15,191,847 votes with Mr Abubakar polling 11, 262,978 votes.
“There is no conjecture in the votes and scores in the table pleaded by the petitioners. The figures are factual.”