The Peoples Democratic Party (PDP) and its candidate, Abdulazeez Olajide Adediran, filed an appeal against the reelection of Governor Babajide Sanwo-Olu. The Court of Appeal in Lagos has scheduled tomorow, Wednesday, Nov. 15, to deliver its ruling in this case and have informed the parties involved in the appeal that the judgement would be presented tomorrow at 3 p.m.
The Court of Appeal panel, presided over by Justice Yargata Nimpar, heard the arguments from the parties and reserved judgement on the two appeals exactly one week prior on November 7.
Recall that the Election Petitions Tribunal unanimously rejected both Labour party Rhodes-Vivour and Peoples Democratic Party (PDP) and its candidate, Abdulazeez Olajide Adediran petitions on September 25 and affirmed Governor Babajide Sanwo-Olu and his deputy, Obafemi Hamzat, being re-elected.
After hearing the parties’ arguments, the Court of Appeal panel chaired by Justice Yargata Nimpar reserved judgement in the two appeals on November 7th and stated that the parties would be notified of the date of judgement.
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Paul Bassi and Samuel Bola are the other justices on the panel.
Olagbade Benson, the lead attorney for Rhodes-Vivour, urged the court to allow the appeal, provide the reliefs sought, and overturn the Tribunal’s ruling that was given on September 25th in his submission to the justices.
Additionally, he asked the court to analyse the meaning of the Constitution’s Section 182 (1) (a) and how it relates to the qualifications of the Second and Third Respondents.
Gbadebo-Rhodes Vivour filed his notice of appeal on October 7th, citing 21 grounds for appeal against the State Governorship Tribunal’s ruling that confirmed Governor Babajide Sanwo-Olu’s return.
The appeal claimed, among other things, that the tribunal had committed a legal error when it depended on the Court of Appeal’s ruling to exclude all of Mr. Peter Gregory Obi & Anor. Vs. INEC & Ors.’s subpoenaed witness testimony.
Sticking to the subject of their subpoenaed witnesses, the appellants in Grounds 2 and 3 further argued that the Tribunal had erred in law when it dismissed the oral testimony and supporting documentation of the three witnesses, PW7, PW8, and PW9, citing their non-listing as witnesses and the fact that their sworn statements were not frontloaded with the petition and supporting documentation in accordance with the Electoral Act 2022.
Rhodes-Vivour argued in Grounds 4 and 5 that the Tribunal erred in law when it determined that the Appellant bears the burden of proof regarding the specific Oath of Allegiance taken by the Deputy Governor and the evidence of his renounced citizenship, and that the exhibits presented to the Tribunal on this matter were considered abandoned.
Additionally, it said that despite discovering that Hamzat is a naturalised citizen of the United States of America who has sworn allegiance to the nation, the tribunal declined to declare Sanwo-Olu and his deputy ineligible.
Additional grounds for the petition addressed the tribunal’s inability to declare Governor Babajide Sanwo-Olu and his deputy ineligible after concluding that Dr. Obafemi Hamzat is a naturalised citizen of the United States of America.
According to Rhodes-Vivour, only a Nigerian citizen by birth is eligible to run for governor or deputy governor of a state under Section 177 of the 1999 Constitution.
