Gbadebo Rhodes-Vivour, Labour Party (LP)’s governorship candidate in Lagos State during the March 18, 2023 election, has moved to to Court of Appeal to challenge the recent decision of the state Governorship Election Petitions Tribunal that upheld the victory of Governor Babajide Sanwo-Olu.
Rhodes-Vivour’s 24-page Notice of Appeal, which was filed on Saturday October 7, outlines 21 grounds upon which he is contesting the tribunal’s ruling. The document was submitted by one of his legal representatives, Olagbade Benson, on behalf of a total of 12 individuals.
According to the document, Rhodes-Vivour expressed dissatisfaction with the decision delivered by the Governorship Election Tribunal, headed by Justice Arum Igyem Ashom, Justice Mika’ilu Abdullahi, and Justice Igho Patricia Braimoh, on Monday, September 25.
The document, spanning 24 pages, reads, “That the appellant, being dissatisfied with the decision of the Governorship Election Tribunal, hereby appeals 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 ground 1 of the appeal, Rhodes-Vivour contends that the Tribunal erred in law by relying on a Court of Appeal decision in the petition of Mr. Peter Gregory Obi & Anor. Vs. INEC and Others to strike out the evidence of all his subpoenaed witnesses.
Grounds 2 and 3 focus on the Tribunal’s classification of three witnesses, PW7, PW8, and PW9, arguing that the Tribunal erred in discountenancing their oral evidence and documents, claiming they were not listed as witnesses and their sworn statements did not accompany the petition and documents front-loaded in line with the Electoral Act 2022.
In grounds 4 and 5, Rhodes-Vivour argues that the Tribunal made a legal misstep by placing the burden of proof of the specific Oath of Allegiance subscribed to by the Deputy Governor as well as the evidence of his renounced citizenship on the appellant. The argument extends to the Tribunal deeming exhibits on this matter abandoned.
The appeal also touches on the Tribunal’s failure to disqualify Sanwo-Olu and his deputy, Hamzat, despite finding that Hamzat is a naturalised United States citizen who declared allegiance to that country.
The appeal also questions the Tribunal’s decision not to strike out the Final Written Address of both respondents, alleging a violation of the Election Judicial Proceedings Practise Directions 2022.
