Lagos tribunal dismisses Jandor, Rhodes-Vivour petitions, affirms Sanwo-Olu as duly re-elected

Lagos Governorship Election Petition Tribunal, Monday, dismissed the petitions filed by the Peoples Democratic Party (PDP) and its candidate Olajide Abdulazeez Adediran, also known as Jandor, along with that of the Labour Party flagbearer, Mr Gbadebo Rhodes-Vivour, against the re-election of Mr. Babajide Sanwo-Olu of the All Progressives Congress (APC) in the March 18 election.

The court while dismissing the two petitions, also affirmed that Mr. Sanwo-Olu and his deputy, Obafemi Hamzat, were duly re-elected in the state’s governorship elections on March 18.

The three-member judges’ panel led by Justice Arum Ashom dismissed the petitions by Gbadebo-Rhodes and Jandor as lacking in merit.

Other members of the panel include; Justice Mikail Abdullahi and Justice Igho Braimoh.

In the March 18 governorship election, the Independent National Electoral Commission (INEC) declared Sanwo-Olu as winner after polling 762,134 votes to defeat his closest rival, Rhodes-Vivour of the Labour Party, who polled 312,329, while candidate of the PDP, Adediran, came third with 62,449 votes.

However, both the PDP and Labour Party challenged the INEC declaration at the tribunal on electoral and constitutional grounds, ranging from Hamzat’s dual citizenship, Sanwo-Olu’s forged school certificate, and massive electoral malpractices carried out by the ruling APC in the state, including voters suppression, intimidation and violence.

While Jandor joined the PDP in his petition, Gbadebo-Rhodes filed his alone.

The petitioners prayed the tribunal to disqualify Sanwo-Olu and Rhodes-Vivour for “non-compliance” with the Electoral Act 2022 as well as the guidelines of the Independent National Electoral Commission (INEC).

In the petition marked EPT/LAG/GOV/01/2023 dated April 7, the petitioners said APC did not comply with the INEC timetable and schedule of activities for the 2023 general election, which stipulated that all political parties must give 21 days’ notice to INEC before the conduct of the primary election.

Besides the allegation of non-compliance with relevant provisions of the Electoral Act 2022, Adediran added that at the time of the governorship election, Sanwo-Olu, Hamzat, and Rhodes-Vivour were not qualified to contest the election.

He asked that all votes cast for them in the election be declared wasted, and Adediran should be declared the winner.

The Tribunal had earlier struck out the name of the Labour Party candidate, Gbadebo Rhodes-Vivour from the petition.

The tribunal declared that Governor Sanwo-Olu and his deputy, Dr Hamzat are eminently qualified to contest the March 18 governorship election in the state under section 177 of the Constitution.

The tribunal whuile delivering its judgement in the petition filed against their election by the PDP candidate, Adediran, noted that they are members of political party and educated up to school certificate level.

Section 177 of the constitution stipulated that “A person shall be qualified for election to the office of Governor of a State if (a) he is a citizen of Nigeria by birth; “(b) He has attained the age of thirty-five years; (c) he is a member of a political party and is sponsored by that political party; and (d) he has been educated up to at least School Certificate level or its equivalent.

“We have considered evidence before this court. He has highest number of votes.

“This petition is dead on arrival. In view of evidence adduced before the court, the grounds on which the petitioners is seeking disqualification of 2nd and 3rd respondents lacks merit.

“I have found Governor Sanwo-Olu and deputy Dr Hamzat duly elected and therefore declared them winner,” the Tribunal ruled before proceeding on recess.

Earlier, shortly after the announcement of appearances by all lawyers and parties in the case, Justice Ashom announced that the tribunal would first deliver judgment in the case of the PDP and its candidate before giving its decision on another petition filed by the governorship candidate of the Labour Party (LP), Gbadebo Rhodes-Vivour.

Justice Ashom also told petitioners that Justice Mikail Abdullahi, would read the final judgment on behalf of the three-man panel.

While the Deputy Governor of Lagos State, Dr. Obafemi Hamzat, and the Secretary to the State Government (SSG), Bimbola Salu-Hudeyin, were present in the courtroom, Rhodes-Vivour and Jandor were conspicuously absent.