The Court of Appeal sitting in Lagos has dismissed the appeals of the Peoples Democratic Party (PDP) and Labour Party candidates in the Lagos State governorship elections, Olajide Adediran, also known as Jandor, and Gbadebo Rhodes Vivour, who sought an overturn of the election petition tribunal’s decision, which affirmed the victory of the state governor,
The Court of Appeal sitting in Lagos has dismissed the appeals of the Peoples Democratic Party (PDP) and Labour Party candidates in the Lagos State governorship elections, Olajide Adediran, also known as Jandor, and Gbadebo Rhodes Vivour, who sought an overturn of the election petition tribunal’s decision, which affirmed the victory of the state governor, Babajide Sanwo-Olu, and his deputy.
On Wednesday, the appellate court presided over by Justice Yargata Nimpa and Justices Samuel Bola and Paul Bassey, rendered a decision dismissing the appeals of Jandor and GRV, citing their adequate and equitable hearing at the tribunal and their inability to provide sufficient evidence.
Lagos Deputy Governor, Dr. Hamzat and others in Court
On September 25, 2023, the governorship election petition tribunal ruled in favour of the APC candidate and his deputy, Babajide Sanwo-Olu and Obafemi Hamzat, discrediting Jandor’s request for the disqualification Mr Sanwo-Olu in the election for “non-compliance” with the Electoral Act 2022 as well as the guidelines of the Independent National Electoral Commission (INEC).
The tribunal also ruled against the claim of the LP’s candidate, who insisted that the deputy governor was not qualified to contest in the poll over dual citizenships and as such, should be disqualified as the candidate in the poll.
A cross section of Lawyers in Court
Displeased with the tribunal’s judgement, the PDP and LP candidates approached the appellant court to seek redress and to claim their mandates in the higher court. In its ruling, the court held that the appellant was a meddlesome interloper in challenging the emergence of Sanwo-Olu and Hamzat at the primary election, which is the business of their party, the All Progressives Congress, adding that he was neither an aspirant nor a member of the APC.
The court added that the nomination, sponsorship, and qualification of a candidate presumed to have won an election are pre-election matters that ought not to have come before the tribunal but a regular court.
Concerning the allegation that the governor forged his high school diploma, the court ruled that the Nigerian constitution does not require candidates to include their certificate with their application. It also determined that by failing to present the presumed original certificate alongside the alleged forgery, the appellant failed to establish the alleged forgery.
The justices dismissed Gbadebo Rhodes Vivour’s appeal, citing the Deputy Governor’s purported renunciation of Nigerian citizenship as the basis for their ruling. They argued that the appellant had the burden of proof, which he failed to meet, and that material evidence was presented to support their positions.
According to them, under Section 28 of the Nigerian Constitution, a naturalised citizen of Nigeria does not lose his citizenship even if he acquires citizenship in another country.
“No breach of the right to a fair hearing by the lower court has been established by the appellant as claimed.
This appeal has hit the rock, and it falls flat on its face due to the paucity of evidence.
The judgement of the tribunal is hereby affirmed, and the return and declaration of Babajide Sanwo-Olu and his deputy, Obafemi Hamzat, are also hereby affirmed. All parties are to bear their costs.”
