KEMI OMONIYI
Amidst tight security on Monday, the Lagos State Governorship Election Petitions Tribunal holding at Ikeja, upheld the re-election of Governor Babajide Sanwo-Olu as the duly elected governor of the state.
In a unanimous decision that lasted for more than 10 hours, the 3- man panel dismissed the two petitions filed by the Peoples Democratic Party (PDP) and its governorship candidate Olajide Adediran, and that of the Labour Party (LP), Gbadebo Rhodes-Vivour.
Addressing PDP petiton, the tribunal in its judgement read by Justice Mikail Abdullahi on behalf of the three-man panel held that the petition of the Peoples Democratic Party (PDP) and its governorship candidate Olajide Adediran lacked merit, and the same was dismissed accordingly.
He ruled that the governorship ticket of Sanwo-Olu and his Deputy, Dr. Obafemi Hamzat, was one ticket and inseparable.
“I affirm the election and return of Babajide Olusola Sanwo-Olu as the duly elected governor of Lagos state. Parties are to bear their cost
Earlier, the tribunal addressed all the preliminary objections raised by the parties before considering the issues raised for determination.
The tribunal entertained the question of whether it had the competence and jurisdiction to hear the petition.
Justice Abdullahi answered this question in the affirmative and held that this issue had already been resolved at the preliminary objection stage.
The second issue for the tribunal’s determination was whether Sanwo-Olu and his deputy Obafemi Hamzat were validly nominated by their party – All Progressives Congress (APC) to contest the polls.
Citing relevant provisions of the Constitution, the Electoral Act and a plethora of decided cases, the tribunal resolved that this was a pre-election issue that did not relate to the conduct of the polls being challenged.
It also held that the petitioners are not members of the 4th respondent, the APC, and therefore have no locus to challenge the primaries of the party that produced both men.
On the issue of the forged certificate allegedly presented by Governor Sanwo-Olu, the tribunal noted amongst other things that the petitioner Jandor who testified in his petition told the court that he did not attend the school, Community Grammar School, Ijebu-Ife, where the certificate originated from. He had also testified that the principal of the school was still alive.
The tribunal wondered why he didn’t call as a witness, the principal of the school, or any of the staff to testify about the certificate.
In the final analysis, the tribunal held, “that the petition lacks merit and is accordingly dismissed.
“I affirm the election and return of Babajide Olusola Sanwo-Olu as the duly elected governor of Lagos state. Parties are to bear their cost.”
After a 10-minute break , the tribunal reconvened to consider the Petition filed by the Labour Party (LP), candidate, Gbadebo Rhodes-Vivour.
The tribunal chairman, Justice Arum Igyen Ashom in his lead Judgement dismissed the petition filed by Gbadebo Rhodes-Vivour on the ground that it lacked merit.
Justice Arum Ashom who read the unanimous judgment held that the petition is devoid of merit.
On the oath of allegiance to the United States of America by the Deputy Governor, Dr. Obafemi Hamzat, the tribunal held that being a citizen of Nigeria by birth, his oath of alligiance to US does not prevent him from contesting election.
Consequently, the tribunal rejected the witness statement and evidence of Mrs. Olubusayo Fasidi, a US Immigration lawyer stressing that her witness statement and testimony are mis-concieved.
The subpoenaed witness statement on oath was filed out of time, the judge cited the judgment of the presidential election where 10 witnesses of LP was dismissed.
Consequently the Tribunal affairmed the declaration of INEC of the election of Sanwo-Olu and Hamzat as the governor and deputy duly elected.
Meanwhile, the Lagos PDP Gubernatorial candidate in the 2023 general elections, Dr. Abdul-Azeez Olajide Adediran (Jandor) has expressed his displeasure over the ruling of the Justice Arum Ashom led 3 man Lagos State Governorship Election Petition Tribunal
A statement issued by the Head, Media and Communications, JANDOR4GOVERNOR Campaign Organisation, Gbenga Ogunleye said it was quite unfortunate that the tribunal in its wisdom refused to accept the credible and convincing evidence present by his legal team on the non-qualifications of the APC and the Labour Party candidates in the election.
He stated that the decision of the tribunal does not reflect the provisions of the Constitution of the Federal Republic of Nigeria and the Electoral act 2022 on issues bothering on qualification of a candidate in an election.
He, however assured the good people of the state that Lagos PDP will study the judgement and decide on the next step to be taken.
