The Labour Party’s candidate for the governorship in Lagos State, Gbadebo-Rhodes Vivour (GRV), has lodged his Notice of Appeal with the Court of Appeal in Lagos.
The legal action is in response to the State Governorship Tribunal’s decision that affirmed the victory of Governor Babajide Sanwo-Olu.
The Notice of Appeal, which was prepared by one of GRV’s legal representatives, Olagbade Benson, along with 12 others, was submitted on October 7.
The document consists of 21 grounds of appeal and spans 24 pages. It has been duly served to the legal representatives of the respondents, which include the Independent National Electoral Commission (INEC), Governor Sanwo-Olu, Deputy Governor Obafemi Hamzat, and the All Progressives Congress (APC).
Channels TV’s judiciary correspondent, Shola Soyele, obtained a copy of the Notice of Appeal, which states, “that the Appellant being dissatisfied with the decision of the Governorship Election Tribunal Coram Hon. Justice Arum Igyem Ashom, Hon. Justice Mika’ilu Abdullahi and Hon. Justice Igho Patricia Braimoh delivered on 25th September, hereby appeal to the Court of Appeal… against the whole decision of the Governorship Election Petition Tribunal except for the Rulings and findings in favour of the Appellant.”
In the first ground, Rhodes-Vivour argued that the Tribunal made a legal error by relying on the Court of Appeal’s decision in the case of Mr. Peter Gregory Obi & Anor. Vs. INEC and Others to dismiss the testimony of all the witnesses summoned by subpoena.
In grounds 2 and 3, the appellants, still focusing on their subpoenaed witnesses, contended that the Tribunal erred in law by declaring that the three witnesses, PW7, PW8, and PW9, did not fall into the category of witnesses who could be subpoenaed. Consequently, the Tribunal disregarded their oral testimony and the documents they presented because these witnesses were not initially listed and their sworn statements were not included with the Petition and documents submitted in accordance with the Electoral Act of 2022.
In grounds 4 and 5, Rhodes-Vivour argued that the Tribunal made a legal mistake by placing the burden of proof on the Appellant regarding the specific Oath of Allegiance taken by the Deputy Governor and the evidence of his renounced citizenship. Also, Rhodes-Vivour claimed that the exhibits presented on this matter were wrongly considered abandoned by the Tribunal.
Other grounds of the petition pointed out the Tribunal’s failure to disqualify Sanwo-Olu and his deputy, despite finding that Hamzat had become a naturalized citizen of the United States of America and had made an allegiance declaration to that country.
Furthermore, the Tribunal did not strike out the final written address of both respondents, even though it was alleged to have been filed in violation of the provisions outlined in Paragraphs 5(a), 5(c), and 5(d) of the Election Judicial Proceedings Practice Directions of 2022.