Tribunal Affirms Sanwo-Olu’s Re-Election as Governor of Lagos State
The Lagos State Governorship Election Petitions Tribunal on Monday upheld the re-election of Governor Babajide Sanwo-Olu as the duly elected governor of the state.
In a unanimous decision, the three-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.
The tribunal in its judgment read by Justice Mikail Abdullahi on behalf of the three-man panel held that the petition of the PDP and its governorship candidate, Olajide Adediran, lacked merit, and the same was dismissed accordingly.
“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”.
The tribunal had earlier addressed all the preliminary objections raised by the parties before considering the issues raised for determination.
The tribunal had also entertained the question of whether it had the competence and jurisdiction to hear the petition.
Justice Abdullahi held that this issue had already been resolved at the preliminary objection stage in the affirmative.
The second issue for the tribunal’s determination was whether Sanwo-Olu and his deputy, Obafemi Hamzat, were validly nominated by their party, the All Progressives Congress (APC) to contest the polls. The tribunal cited relevant provisions of the constitution and the Electoral Act and several decided cases to the effect that this was a pre-election issue that did not relate to the conduct of the polls being challenged.
The tribunal 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, among 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 and 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.
The tribunal finally 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.”
The tribunal chairman, Justice Arum Igyen Ashom, in his lead judgment after a short break reconvened to consider the petition filed by the Labour Party (LP) candidate, Gbadebo Rhodes-Vivour, also 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 allegiance to US does not prevent him from contesting election.
Accordingly, the tribunal rejected the witness statement and evidence of Mrs. Olubusayo Fasidi, a US Immigration lawyer, noting that her witness statement and testimony are misconceived.
The subpoenaed witness statement on oath was filed out of time, the judge said and cited the judgment of the presidential election where 10 witnesses of LP were dismissed.
Consequently, the tribunal affirmed 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 three-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 presented by his legal team on the non-qualifications of the APC and the Labour Party candidates in the election.
Ogunleye 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 bordering on qualification of a candidate in an election.
He, however, assured that Lagos PDP will study the judgment and decide on the next step to be taken.
The Independent National Electoral Commission (INEC) had declared Sanwo-Olu of the All Progressives Congress winner of the governorship election.
Sanwo-Olu polled 762,134 votes to beat Rhodes-Vivour, who scored 312,329 votes. Jide Adediran came third, polling 62,449 votes.
Lagos State Governor Babajide Sanwo-Olu has described the victory of the All Progressives Congress (APC) at the governorship election petition tribunal on Monday “as a victory for all.”
Sanwo-Olu, called on the opposition candidates of the Labour Party, Gbadebo Rhodes-Vivour and Dr. Abdulazeez Olajide Adediran of the People’s Democratic Party at the elections to join him, to contribute their quota towards building a greater Lagos and the development of the state.
Sanwo-Olu also commended the judiciary for “delivering a detailed and well-thought-out judgment.”
