Atiku's legal team told the Presidential Election Petition Court that INEC refused to release the electoral documents to them even after paying N6 million certification fee to the agency.
The presidential candidate of the Peoples Democratic Party (PDP), Atiku Abubakar, has accused the Independent National Electoral Commission (INEC) of frustrating his access to vital electoral documents to enable him to prove his case against President Bola Tinubu.
This, the opposition figure said, is despite paying INEC N6 million for the certification of the documents.
Atiku, who came second in the February presidential election, is challenging the victory of Mr Tinubu of the All Progressives Congress (APC).
The electoral commission had on 1 March declared Mr Tinubu president-elect after he garnered the highest number of lawful votes cast in the election.
But Atiku challenges the outcome of the polls, citing manipulation of election results by INEC in favour of Mr Tinubu.
At the resumption of proceedings on Tuesday at the Presidential Election Petition Court in Abuja, Atiku's lawyer, Eyitayo Jegede, said INEC's refusal to provide electoral documents to his legal team was frustrating their suit.
Mr Jegede, a Senior Advocate of Nigeria (SAN), had sought to tender some results sheets from 10 out of 21 Local Government Areas of Kogi State to substantiate their case against Mr Tinubu.
The documents used for the conduct of the 25 February presidential poll are those from - Ankpa, Dekina, Idah, Ofu, Olamaboro, Yagba East, Yagba West, Kabba-Bunu and Igalamela Odolu were sought to be tendered by Mr Jegede on behalf of his client.
But the five-member court panel chaired by Haruna Tsammani said it was improper to tender such sensitive documents piecemeal.
Mr Tsammani explained that the court would have difficulty marking and numbering the documents as exhibits.
In his response, Mr Jegede blamed INEC for refusing to supply the documents wholesale to Atiku's legal team.
He informed the court that Atiku had paid N6 million as a cost to supply true certified copies of electoral documents. Yet, the electoral umpire allegedly refuses to make the poll records available.
The lawyer disclosed that Atiku's team was left with no option but to subpoena officials of the electoral commission to bring the required documents before the court.
Mr Jegede sought a 24-hour adjournment to further request the necessary documents from INEC.
INEC's lawyer, Abubakar Mahmoud, a SAN, did not object to the request for an adjournment.
Similarly, Mr Tinubu's lawyer, Wole Olanipekun and APC's lawyer, Lateef Fagbemi, both SANs, did not oppose the adjournment of the case.
Subsequently, the court adjourned the case until 7 June for further hearing.
Background
Since the court began hearing Atiku's petition against Mr Tinubu on 30 May, the PDP presidential candidate has called 10 witnesses to prove his case.
Similarly, Atiku's legal team, headed by Chris Uche, a SAN, has tendered dozens of electoral documents comprising results sheets and data printouts of Bimodal Voters Accreditation System (BVAS) machines from states across Nigeria.
One of Atiku's major prayers is for the court to nullify Mr Tinubu's victory and declare him president.
Atiku is also urging the court to order a fresh poll should it refuse to declare him president.
Meanwhile, the Labour Party's presidential candidate, Peter Obi, is equally challenging Mr Tinubu's victory.
Mr Obi is alleging electoral fraud against INEC and Mr Tinubu.
But Mr Tinubu has since been inaugurated as Nigeria's 16th leader on 29 May, while the court continues to hear the suits.