The candidate of the Labour Party for the governorship position in Lagos, Gbadebo-Rhodes Vivour, has filed an appeal in the Court of Appeal, challenging the decision of the state governorship tribunal that upheld Governor Babajide Sanwo-Olu’s victory. The notice of appeal, which was drafted by one of his lawyers, Olagbade Benson, on behalf of twelve others, was filed on Saturday, October 7th, and has twenty-one grounds of appeal. The twenty-four-page document has been served on the counsel to the respondents, including the Independent National Electoral Commission (INEC), the Governor and his Deputy, Obafemi Hamzat, and the All Progressives Congress (APC).
In the first ground of appeal, Rhodes-Vivour argued that the tribunal made a mistake in law when it relied on the Court of Appeal’s decision in the petition of Mr. Peter Gregory Obi & Anor. Vs. INEC and Others to dismiss the evidence of all his subpoenaed witnesses. The appellant also claimed that the tribunal erred in law when it held that the three witnesses, PW7, PW8, and PW9, were not qualified to be subpoenaed and subsequently disregarded their oral evidence and documents on the premise that they were not listed as witnesses and their sworn statements did not accompany the petition and documents in line with the Electoral Act 2022.
In addition, Rhodes-Vivour argued that the tribunal made an error in law when it held that the burden of proof of the specific Oath of Allegiance subscribed to by the Deputy Governor, as well as the evidence of his renounced citizenship, rests on the Appellant and that exhibits placed before the tribunal on this issue were deemed abandoned. Other grounds of the petition touched on the failure of the tribunal to disqualify Sanwo-Olu and his deputy, having found that Hamzat is a naturalized United States of America citizen who made a declaration of allegiance to that country, as well as the failure of the tribunal to strike out the Final Written Address of both respondents, which was allegedly filed in contravention of the provisions of Paragraphs 5(a), 5(c), and 5(d) of the Election Judicial Proceedings Practice Directions 2022.