Lagos deputy gov., Hamzat renounced Nigerian citizenship in U.S – Witness tells tribunal

American-based Immigration lawyer, Olubusayo Fasidi, Thursday, disclosed that Lagos Deputy Governor, Mr Obafemi Hamzat took an oath of allegiance in the United States to renounce Nigerian citizenship, as path of a plan to secure naturalisation.

Fasidi, a Nigerian, had been subpoenaed to testify before the Lagos State Election Petition Tribunal sitting at the Lagos High Court in Ikeja in the petition filed by the Labour Party’s governorship candidate, Mr Gbadebo Rhodes-Vivour challenging the declaration of Mr Babajide Sanwo-Olu as winner of the March 18, 2023 election.

Rhodes-Vivour is the sole petitioner.

She was led in evidence by Dr Olumide Ayeni (SAN), counsel to the petitioner, Rhodes-Vivour.

The witness told the tribunal that Hamzat, the third respondent in the petition, also applied for naturalisation as contained in Forms 8CFR/337 and N400.

Ayeni tendered the documents to the three-man tribunal but Counsel to all the respondents objected, saying the reason for their objection would be included in their final written addresses.

During cross-examination by Mr Eric Ogiegor, Counsel to the Independent National Electoral Commission (INEC), the witness said an individual could enjoy dual citizenship.

She, however, said she was not aware of the provision of Nigeria’s 1999 Constitution that dealt with dual citizenship and she was subpoenaed before the tribunal to explain U.S. law and not Nigeria’s Constitution.

Mr Bode Olanipekun (SAN), counsel to Hamzat and Lagos State Gov. Babajide Sanwo-Olu, asked the witness to disclose the jurisdiction and date Hamzat applied for naturalisation but she said she would not, because the information was protected by the Privacy Act of 1974.

The All Progressives Congress (APC) Counsel, Mr Norris Quakers, asked the witness if she was aware that Hamzat disclosed his American citizenship.

The witness replied in the affirmative, and Quakers thereafter argued that the witness addressed issues of law and not those of facts.

The tribunal led by Justice Arum Ashom while admitting all the documents in evidence, ordered counsel to the respondents to include their objections in their final written addresses.

The other members of the tribunal are Justice Mikail Abdullahi and Justice l.P. Braimoh.

Earlier, Ayeni presented a result sheet from polling units in nine local government areas of the state to establish differences in some areas, against what is recorded on INEC’s Form EC 40A.

Counsel to INEC, Sanwo-Olu, Hamzat and APC objected to the admissibility of Form EC 40A, reserving reasons until their final written addresses.

The tribunal adjourned the case until June 26 for the continuation of hearing.

It would be recalled that, earlier in June, this year, the petitioner submitted over 20, 000 documents to the tribunal, which were arranged in 13 boxes, along with his schedule of evidence through his lead attorney, Dr. Olumide Ayeni.

The tribunal later instructed the petitioner to grant access to the documents to each and every respondent.

The 13 boxes at the proceedings held papers related to the proceedings, including result sheets from various polling units, INEC forms EC9, EC8A, and B, Form EC40A, Form EC40G, BIVAS reports, and more from over 13,000 polling units.

Dr. Ayeni, the petitioner’s attorney, had attempted to move an application before the proceedings were adjourned to allow the petitioner to tender, use, and rely on a number of documents, including a report of the inspection, sworn testimony from a number of people listed on its application, and other electoral documents used or allegedly used in the election that was the subject of the petition.

Charles Edosomwan (SAN), who represented INEC as the first respondent in the lawsuit, called the application ‘a ground-moving motion’ in his response, as he requested more time so that he could speak with his client and decide whether or not to object to the application.

Muiz Banire (SAN) represented the second and third respondents to the petition, who were Governor Babajide Sanwo-Olu of Lagos State and his deputy, Obafemi Hamzat, respectively, and informed the tribunal that the case was not ready for hearing. The attorney also pointed out that his clients still have time to respond to the application under the terms of paragraph 47(4) of the first schedule.

Abiodun Owonikoko (SAN), speaking on behalf of the All Progressives Congress (APC), disagreed with the application, as he emphasised that he was under instructions from his client not to permit the petitioner to revive its case following the conclusion of the pre-hearing.

He also said he would need some time to react to the application properly.