Sanwo- Olu's Victory Challenged, Rhodes- Vivour Seeks Court Redress

Eko Hot Blog reports that A Notice of Appeal has been filed by Labour Party (LP) governorship candidate in Lagos State, Gbadebo-Rhodes Vivour before the Court of Appeal.

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Vivour is seeking to challenge the decision of the State Governorship Tribunal which upheld the victory of Governor Babajide Sanwo-Olu.

The notice was served based on 21 grounds of Appeal, settled by his lawyer Olagbade Benson on behalf of 12 others on Saturday, October 7th.

The 24-paged document has been served on the counsel to the Respondents, the Independent National Electoral Commission (INEC), the governor and his deputy, Obafemi Hamzat as well as the All Progressives Congress (APC).

The Notice of Appeal states, “that the Appellant being dissatisfied with the decision of the Governorship Election Tribunal Coram Hon. Justice Arum Igyem Ashom, Hon. Justice Mika’ilu Abdullahi and Hon. Justice Igho Patricia Braimoh delivered on 25th September, hereby appeal to the Court of Appeal… against the whole decision of the Governorship Election Petition Tribunal except for the Rulings and findings in favour of the Appellant.”

In ground 1, Rhodes-Vivour said that the Tribunal erred 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 strike out the evidence of all his subpoenaed witnesses.

Presented in the notice was grounds contained therein that the appellants sticking with the issue of its subpoenaed witnesses claimed that the Tribunal erred in law when it held that the three witnesses, PW7, PW8, and PW9 were not witnesses that fall within the category of witnesses that could be subpoenaed and subsequently discountenanced 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 front-loaded in line with the Electoral Act 2022.

That Rhodes-Vivour contended that the Tribunal erred 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.

Another ground also stated that 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.

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