LP PRESENTS SUBPOENA WITNESS IN ONGOING LAGOS GOVERNORSHIP ELECTION TRIBUNAL

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….. Counsel disagree on documents as tribunal adjourned case June 26

A Nigerian- United States based immigration lawyer, Olubusayo Fasidi, has told the Lagos election petition tribunal that the deputy governor, Obafemi Hamzat took oath of allegiance in the US to renounce his Nigerian citizenship.

Counsel to the petitioner, Gbadebo Rhodes-Vivour, in the Lagos election petition tribunal, Dotun Ayeni, at the day’s hearing, presents result sheet forms from polling units in the remaining 9 local governments in the state, to establish the differences in some areas, against as recorded on INEC’s forms EC 40A.

Meanwhile, counsel to independent National electoral commission, governor Babajide Sanwo-olu, deputy governor, Obafemi Hamzat and the All Progressives Congress, who are first to fourth respondents respectively, object the admissibility of the EC 40A forms, reserving reasons till final written address.

Thereafter, counsel to petitioner informs the three man tribunal committee of a subpoena witness who has a written statement.

This generates argument between all counsel, with a ruling that the petitioner’s counsel withdraw the written statement and takes the witness orally.

Before he voluntarily withdraws the written statement, Ayeni cited paragraphs 41(1&3), 42(2) of the 2022 electoral act on evidence at hearing, emphasising that facts shall be proved by written disposition and oral examination in open court, then proceeds with the oral evidence -in-chief of the US based immigration lawyer.

During the evidence -in-chief, Olubusayo Fasidi, told the tribunal that the third respondent, Obafemi Hamzat, took oath of allegiance in US and also applied for naturalisation, as contained in forms 8CFR/337& N400 respectively.

Counsel to petitioner presents the documents to the three man tribunal committee, which all counsel to respondents object to, saying reason for objection will be included in final written address.

Under cross examination led by INEC’s counsel, Ogiegor, the Nigerian- US based immigration lawyer, who agrees to enjoy dual citizen, says she is not aware of a provision of 1999 constitution that deals with dual citizen, adding that being before the tribunal is to explain US law, and not Nigeria’s constitution.

As for the counsel to second and third respondents, Bode Olanipekun, asked the witness the jurisdiction and date th deputy governor applied for naturalisation, she said she can not disclose, because the document is protected by privately act of 1974.

Although, she can not say if the respondent affirmed or swore an oath, but she added that section 337 of the immigration law states an individual must take an oath before being admitted into the country.

On his part, counsel to the fourth respondent, APC, Norris Quakers, asked the witness if she is aware that Obafemi Hamzat, disclosed his American citizenship, she responded in affirmative, and Quakers as a result of this, tells the court that Olubusayo Fasidi is addressing issues of law and not of facts.

The tribunal led by justice Arum Ashom, while admitting all documents presented before it, ordered counsel to respondents to include their objections in the final written address.

Meanwhile, with 62,449 votes garnered during the 2023 poll, the witness for People’s Democratic Party, Adeniyi Adams wants the tribunal to declare the party’s candidate, Olajide Adediran, as the winner of the 2023 gubernatorial election.

The counsel to petitioner also presented an assistant director, Election and Party Monitoring of the Independent National Electoral Commission, Ugweugue Chukwuayer, to submit documents from the commission.

However, counsel to second and third respondents, Bode Olanipekun objects that the latter can not tender document through a witness not sworn.

Without re-examination, the tribunal led by justice Arum Ashom adjourns to Monday, June 26, 2023.