LAGOS GOVERNORSHIP TRIBUNAL: SANWO-OLU, HAMZAT, OTHERS ADOPT FINAL WRITTEN ADDRESSES IN LP’S PETITION
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By Aishat Momoh.
The Lagos State Governorship Election Tribunal on Saturday, resumed sitting for the adoption of final written addresses in the petitions filed by the governorship candidate of the Labour Party (LP), Gbadebo Rhodes-Vivour; and his counterpart in the Peoples Democratic Party (PDP), Olajide Adediran popularly known as Jandor.
Rhodes-Vivour and Jandor are challenging INEC’s return of Sanwo-Olu and Hamzat in the March 18 governorship election in Lagos State.
While the two petitioners were absent, the third respondent (Hamzat) was present in court before the three-member tribunal led by Justice Arum Ashom.
In adopting their addresses in the petition filed by the governorship candidate of the labour party, Gbadebo Rhodes-Vivour, the four respondents in the case, INEC, Governor Babajide Sanwo-olu and his deputy, Obafemi Hamzat and the All Progressives congress, APC, prayed the court to dismiss the petition.
Counsel for the first respondent, Charles Edosomwan SAN, said the petitioner failed to prove that the third respondent possess dual citizenship and had no evidence to show that the elections wasn’t conducted in compliance with the electoral act.
Edosomwan who described the petition as materially challenged said the petitioner presented ten witnesses comprising one polling agent which is not enough to prove that the elections conducted in about 13,205 polling units was not conducted under the provisions of the electoral act.
He further explained that the issues raised by the petitioners is a pre- election issue that should have gone to the federal high court.
For the Second and Third respondents counsel, Wole Olanipekun SAN, the final address of the petitioner which addresses disqualification of the third respondent for oath of allegiance sworn to the USA, argued that the initial ground of the petition is on non- qualification.
Olanipekun SAN who said the petitioner never showed up to adopt his petition and made no request before the court, added that the court cannot grant what it was not asked.
For the petitioner, the Crux of the petition is an interpretation of sections 182-185 of the Constitution which disqualifies certain persons from holding certain positions even if they are citizens by birth.
Benson told the court that counsel to the APC admitted in open court that the deputy governor indeed swore an oath of allegiance to the USA and this is binding on the respondent.
Petitioner referred to exhibits PE382, PE392 to show that he indeed swore allegiance and exhibits PE3713- PE3723 , a document affirming an oath at the high court of Lagos, that the third respondent indeed swore an oath of allegiance to the USA.
He corrected that the issue is not one of dual citizenship as quoted by second and third respondent.
The parties are Rhodes-Vivour; Independent National Electoral Commission (INEC); the All Progressives Congress (APC), its governorship candidate, Babajide Sanwo-Olu, as well as his deputy, Obafemi Hamzat.
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