There was jubilation yesterday in the All Progressives Congress (APC), Lagos Chapter, following the verdict of the tribunal affirming the victory of Governor Babajide Sanwo-Olu and his deputy, Obafemi Hamzat, at the poll.
The governor described the judgment as a victory for all, urging Lagosians to cooperate with his administration to achieve more for the state.
The Peoples Democratic Party (PDP) candidate, Olajide Adediran, and his Labour Party (LP) counterpart, Gbadebo Rhodes-Vivour, had challenged the APC’s victory during the March 18 poll.
Today, the tribunal sitting in Calabar, Cross River State, will deliver judgment in the petition by the PDP candidate, Prof. Sandy Onor, challenging the victory of Governor Bassey Otu of the All Progressives Congress (APC).
Also, the tribunal sitting in Asaba, capital of Delta State, has reserved judgment in the against Governor Sheriff Oborevwori of the PDP by the LP candidate, Ken Pela.
Sanwo-Olu: It’s call to greater service
Sanwo-Olu, who addressed reporters at the State House in Ikeja after the ruling, hailed the judges for giving a detailed judgment.
Describing the verdict as a call to greater service, he said: “It was a long, tough process, but we are grateful that the voice of Lagosians was heard and upheld. Mr Deputy Governor and I are very privileged and thankful to Lagosians for standing for and by us. It is a victory for all, no winner, no loser.
“It is however, an opportunity for more work. It is about service, and we will continue to work harder to deliver the dividends of democracy to the people.”
Sanwo-Olu added: “We also extend, again, an olive branch to fellow contestants to join us in building the Lagos of our dreams. If they have the passion to serve, we can work together because there is room for everyone to contribute meaningfully to the Lagos we all desire to see.”
Lagos APC described the verdict as an affirmation of Sanwo-Olu’s and Hamzat’s victory at the poll.
A statement by the spokesman, Seye Oladejo, reads: “We congratulate Governor Sanwo-Olu and Deputy Governor Hamzat on the re-affirmation of their victory by the tribunal. We also congratulate all Lagosians, and most especially members of the APC who worked painstakingly during the elections.
“The affirmation is an eloquent testimony to the free choice made by the majority of voters of their preference for developmental, progressive, passionate, responsive and responsible governance over needless and risky experiments.
“Our unshakable belief that the petitions of our opponents amounted to mere academic exercise by sore losers was undoubtedly upheld by the verdict. The Lagos APC thus assures all Lagosians, through our elected and appointed representatives, of our age long traditional service delivery to provide the desired dividends of democracy.”
The verdict:
The three-man panel, in a unanimous decision, dismissed the two petitions filed by Adediran and Rhodes-Vivour.
The tribunal declared that Sanwo-Olu and Hamzat are eminently qualified to contest.
Delivering judgement on behalf of panel members, Justice Mikail Abdullahi held that the petition of PDP and its candidate lacked merit.
He ruled that the governorship ticket of Sanwo-Olu and Hamzat was one ticket and inseparable
The tribunal held that this issue has been decided in a number of cases, insisting that a deputy governor and governor are not separate candidates.
The tribunal also held that they are not required to pay separate security deposit.
Abdullahi said: “I affirm the election and return of Babajide Olusola Sanwo-Olu as the duly elected governor of Lagos state”
The tribunal dwelt on whether Sanwo-Olu and Hamzat were validly nominated by their party to contest the poll.
Citing relevant provisions of the constitution and the Electoral Act ,and a plethora of decided cases, the tribunal held that it was a pre-election issue that did not relate to the conduct of the election being challenged.
The tribunal also held that the petitioners were not members of the APC, the 4th respondent, and therefore have no locus to challenge the primary of the party that produced them.
On the allegation of forged certificate against Sanwo-Olu, the tribunal noted that the petitioner, Adediran, who testified in his petition, told the court that Sanwo-Olu did not attend Community Grammar School, Ijebu-Ife, where the certificate originated from.
The PDP candidate had also testified that the principal of the school was still alive.
The tribunal wondered why Adediran did not call as a witness, the principal of the school, or any of the staff to testify about the certificate.
The tribunal therefore, held, that the petition lacked merit and it was accordingly dismissed.
Abdullahi said: “I affirm the election and return of Babajide Olusola Sanwo-Olu as the duly elected governor of Lagos state. Parties are to bear their cost.”
The tribunal chairman, Justice Arum Igyen Ashom in his lead Judgement dismissed the petition filed by Rhodes-Vivour on the ground that it lacked merit.
Justice Arum Ashom, who read the unanimous judgment, held that the petition was devoid of merit.
The third member of the tribunal is Justice Igho Braimoh.
On the oath of allegiance to the United States of America by Hamzat, which was the main ground of Rhodes- Vivour’s petition, the tribunal held that being a citizen of Nigeria by birth, his oath of alligiance to US does not prevent him from contesting election.
Justice Ashom said: “Since he is a Nigerian by birth, his becoming American citizen does not extinguish his citizen of Nigeria.
“Declaration of oath of f allegiance does not tantamount to taking citizenship. It is merely a condition precedent.”
Consequently, the tribunal rejected the witness statement and evidence of Mrs. Olubusayo Fasidi, a US Immigration lawyer, stressing that her witness statement and testimony were misconcieved.
The tribunal held that the subpoenaed witness statement on oath was filed out of time.
Justice Ashom cited the judgment of the presidential election where 10 witnesses of LP were dismissed for filing out of time.
Adediran kicks:
Adediran rejected the judgment, saying that it was a miscarriage of justice.
A statement by the Head, Media and Communications, JANDOR4GOVERNOR Campaign Organisation, Gbenga Ogunleye, said the tribunal refused to accept the credible and convincing evidence present by his legal team on the non-qualifications of the APC and the LP candidates in the election.
He stated that the decision of the tribunal does not reflect the provisions of the constitution and the Electoral act 2022 on issues bothering on qualification of a candidate in an election.
He said Lagos PDP will study the judgement and decide on the next step to be taken.
Adediran said: “This is not the end of the electoral process, it is just another stage. We will study the judgement and take decisions in the best interest of Lagosians.”
Adebule, commissioner hail judgment
The Senator representing Lagos West District, Dr Idiat Adebule and Lagos State Housing Commissioner Moruf Akinderu-Fatai, congratulate Sanwo-Olu and his deputy on their triumph.
They also felicitated President Bola Ahmed Tinubu, Lagos APC, led by Pastor Cornelius Ojelabi, the Governors’ Advisory Council (GAC) and Lagosians on victory.
Senator Adebule, who has defeated his PDP rival, Segun Adewale at both the Tribunal and Appeal Court, urged Lagosians to support the party, President Tinubu and Sanwo-Olu, assuring that they will fulfill their promises to the people.
The former deputy governor hailed the judiciary for upholding justice, thereby protecting democracy, due process and rule of law.
Akinderu-Fatai described the tribunal’s judgment as a victory for democracy.
Akinderu-Fatai, a two-term House of Representatives member, applauded the judiciary for servinv as the bastion of democracy.
Thanking Lagosians for returning the governor at the poll, the commissioner assured them that the governor’s second term will usher in massive infrastructural development.
He said: “Mr Governor’s ‘Greater Lagos Rising’ electoral promises are real. We’re all working assiduously to ensure Lagosians witness it. Our commitments to its actualisation.”
Cross River PDP, LP know fate today
The Governorship Election Petition Tribunal in Cross River will today deliver judgment in the petition filed by Onor against the victory of Senatof Otu, according to a statement by the Secretary of the tribunal, Mr Akawu Bambu.
The Counsel to Onor and Otu, .J. Y. Musa (SAN) and Prof. Mike Ozekhone (SAN) presented their written addresses, which werd adopted by the three- man tribunal.
In the final written address, Musa, told the court that evidence.extracted under cross-examination of the respondents goes to fortify the case of their petition.
He said it also confirmed the falsity of the evidence presented by the second and third respondents (Otu and Peter Odey).
Onor closed his case after calling some witnesses while Otu called 10 witnesss.
The tribunal, led by Justice Oken Inneh, had reserved judgment, following the adoption of written addresses by both parties on Aug. 13.
Musa said the case of the petitioners was not allegations of forgery against any of the respondents (Otu and Odey).
He insisted that the second and third respondents (Otu and Odey) brought documents to show that they forged documents.
Ozekhome urged the court to dismiss the petition “for being frivolous, unmeritorious, gold-digging, distracting and for constituting an abuse of the court process.”
He added that “withdrawal of grounds two and three by the petitioners sounded a death kernel to their own petition because it was an admission that the elections were validly held.”
Counsel to the first respondents (INEC), K. O. Balogun, urged the tribunal to dismiss the petition. He also adopted Ozekhome’s submission in respect of the qualification of the second and third respondent.
Ozekhome had urged the court to dismiss the petition for being frivolous, unmeritorious, distracting and for constituting an abuse of the court process.
He added that the withdrawal of grounds two and three by the petitioners sounded a death kernel to their own petition because it was an admission that the elections were validly held.
Tribunal reserves judgment in Delta
The Delta State Governorship Election Petition Tribunal sitting in Asaba has reserved judgment in the petition filed by Pela challenging
Oborevwori’s vicory
Justice C.H. Ahuchaogu reserved judgment after counsels to the all parties adopted their final written addresses.
While the Independent National Electoral Commission (INEC) is the first respondent, Oborevwori, his deputy, Monday Onyeme and the PDP are the second, third and fourth respondents respectively.
In adopting his final written address dated and filed on September 21, counsel to the petitioners, Mathias Emeribe, urged the tribunal to allow the petition based on grounds of qualification of the second and third respondents; non-compliance in the conduct of the March 18 election; and majority of lawful votes cast.
Emeribe argued that the burden of proof of non-compliance was on INEC, while contending that the second respondent presented forged documents and did not resign before the election.
But counsel to the first respondent, A.T. Kehinde (SAN), argued that the petition should be dismissed with cost on the ground that the processes filed by the petitioners were not in consonance with the Practice Direction.
Counsel to the second and third respondents, Samson Egege prayed the tribunal to strike out the petition with substantial cost.
Egege argued that the petitioners failed to tender the alleged forged documents in evidence, adding that the tribunal cannot speculate on a weighty criminal allegation of forgery.
Egege said, “the qualification of the third respondent, the petitioners in their evidence did not indicate what position he held as contained in their deposition. The resignation tendered by the respondent was out of abundance.
“On the allegation of non-compliance, in addition to their pleadings, the Petitioners’ Witness (PW11) admitted that the allegation is hinged on the alleged failure of INEC to upload results to IReV.
“The second admission by the same witness is that the result sheet which the petitioners tendered contained the same figures as declared by the first respondent.
“We therefore, submit that in both pleadings and evidence adduced, the petition lacks substance, it is frivolous and unmeritorious and goes against settled principles of law in both the Court of Appeal and the Supreme Court.”
Counsel to the fourth respondent, Ekeme Owhovoriole (SAN) said the petition was patently lacking in merit and urged the tribunal to award an effective cost against the petitioners.
