LAGOS GOVERNORSHIP TRIBUNAL: WITNESS TENDERS ELECTRONIC DOCUMENTS AS EXHIBITS IN LP’S PETITION AGAINST APC
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By Aishat Momoh. O.
The suit filed by Gbadebo Rhodes-Vivour, the Labour Party’s candidate for governor in the election scheduled for March 18, 2023, saw the APC call its first witness on Tuesday.
The Independent National Electoral Commission (INEC), Governor Babajide Sanwo-Olu, his deputy Obafemi Hamzat, and the All Progressives Congress (APC) are listed as respondents in the petition.
At the resumed hearing, APC Chieftain Fouad Oki, who was assisted in giving his testimony by Babatunde Ogala (SAN), the APC’s attorney, presented a downloaded document from the Nigerian Immigration Service that outlined the procedure for giving up Nigerian citizenship, which can only be approved by the President of the nation.
The witness also produced an article from an online National dallies, a number of tweets, and a YouTube clip that was copied on a flash drive, all of which purportedly showed Labour Party supporters threatening to employ dogs to chase APC supporters from voting booths on election day.
One person was only opposed to the inclusion of the witness’ electronic documents as exhibits: Ldowu Benson, the candidate for the Labour Party. He said he would thoroughly explain why during the stage of the final speeches.
In light of the concerns, the three-person tribunal presided over by Justice Arum Ashom provisionally allowed the documents.
The witness, who previously claimed to be the APC’s Director-General of the 2023 general election campaigns in Lagos State, underwent cross-examination.
APC does not have a cross petition pending before the tribunal, in response to Mr. Benson’s query that he has never been a member of the PDP or the LP.
The witness stated during cross-examination by counsel for Governor Babajide Sanwo-Olu and his deputy, Obafemi Hazmat, Bode Olaonipekun (SAN), that the Electoral Act (2022) required candidates to submit their nomination forms (INEC Form EC9) online and that this was done before a Commissioner for Oaths.
“(Confirm that) in the current regime, you fill nomination forms online.
Witness: yes
You don’t depose to an oath online.
Witness: Yes
On exhibit PE 717, that’s the oath for the Deputy Governor.
Witness: yes
That oath contains the handwritten endorsement of the commissioner for oaths.
Witness: Yes
So I’m correct that whereas other parts of EC9 are filled online, the oaths section sworn before the commissioner for oaths is seperately uploaded.
Witness: Yes
On Exhibit R25, that’s the final list of candidates and their running mates for the governorship election.
Yes
It is only after candidates submit their nomination forms that their names are published by INEC.
Yes
By that list, it’s the same time INEC published the names of Mr Sanwo-Olu and Obafemi Hazmat hamzat that it also published Gbadebo Rhodes-Vivour’s name.
Yes
A person who’s not a Nigerian or has renounced his citizenship can’t have a Nigerian passport.
Yes”
The Tribunal discharged the witness afterwards and adjourned the hearing till Thursday, July 13.
Mr Rhodes-Vivour, who emerged second in the March polls is challenging the victory of Babajide Sanwo-Olu, alleging that the APC candidate was not qualified to contest the election on the basis of corrupt practices or non-compliance with the provisions of the Electoral Act 2022 and the Constitution.
The petitioner is also challenging the eligibility of the Deputy Governor, Obafemi Hamzat to contest on grounds that he allegedly renounced his Nigerian citizenship and swore allegiance to the United States of America.
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