UPDATE ON LAGOS GOVERNORSHIP ELECTION TRIBUNAL: RHODES-VIVOUR, LP STRUCK OUT FROM JANDOR’S PETITION
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By Aishat Momoh. O.
The Lagos State Governorship Election Tribunal has started delivering judgement in the petition filed by the Governorship Candidate of the PDP, Olajide Adediran popularly known as Jandor that is challenging the return of Babjide SanwoOlu and Obafemi Hamzat in the March 18 governorship elections in Lagos State.
The three-member tribunal led by Justice Arum Ashom, announced that the court will first hear the judgement delivered in PDP and it’s candidates’ case before proceeding to deliver its judgement un the petition of the governorship candidate of Labour Party, Gbadebo Rhodes-Vovour.
Justice Arum made this known shortly after the lawyers and parties announced their appearances to the court while stating that on behalf of the three-member panel, his brother judge, Justice Mikhail Abdullahi, will deliver the judgement
The third judge on the panel is Justice Igho Braimoh.
The tribunal first focused on the parties’ initial objections before passing judgement on Jandor’s petition.
The first objection questioned whether Babajide Sanwo-Olu, the second respondent, and the third respondent, Obafemi Hamzat, are different and distinct candidates while the deputy governor’s eligibility to be named as a respondent in the petition was another question submitted to the tribunal.
The Tribunal stated that a deputy governor and governor are not different candidates and are not required to make separate security deposits, noting that this issue has been decided in a number of cases.
In another objection, the tribunal was asked to decide if a person who lost an election could be joined as a respondent in an election petition.
As a responder to his petition, Jandor had joined Labour Party Candidate Rhodes-Vivour. The panel agreed, citing a number of previous decisions, that an election petition should be filed between the victor and the loser, not between two losers.
As a result of these, the tribunal upheld the preliminary objection and later removed Rhodes-Vivour as the fifth respondent from Jandor’s petition. The tribunal also deleted all of the exhibits that Rhodes-Vivour had submitted as proof in Jandor’s plea.
The tribunal went on to rule that Rhodes-Vivour cannot go on to challenge any aspect of the Jandor’s petition judgement going forward, or else he will be seen as an intrusive outsider.
“he 6th respondent filed an application that it cannot he joined in the petitioner’s petition on some grounds but the ruling on the motion filed on the petition was reserved till the day of the Judgement.”
The tribunal held, “That the 5th & 6th respondent ought not have been made respondents to the petition cannot rob the tribunal of the jurisdiction to hear the parties. The question of mis-joinder cannot lead to a striking out of the petition as the proper order to make is to strike out the names of the parties”.
“Already the name of the 5th respondent has been struck out and the 6th respondent who has been found to be improperly joined is also ordered to be struck out”.
The judgement is still in progress.
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