Gbadebo-Rhodes Vivour files Notice of Appeal with 21 grounds of appeal against the decision upholding Gov. Babajide Sanwo-Olu's victory.
On Saturday, October 7th, Gbadebo-Rhodes Vivour (GRV), the Labour Party's gubernatorial candidate in Lagos State, lodged a Notice of Appeal at the Court of Appeal in Lagos. This move contests the ruling of the State Governorship Tribunal, which affirmed the victory of Governor Babajide Sanwo-Olu.
Drafted by one of his legal representatives, Olagbade Benson, on behalf of 12 others, the appeal document encompasses 21 distinct grounds of appeal. This 24-paged dossier has been duly delivered to the counsel representing the Respondents, including the Independent National Electoral Commission (INEC), the governor, his deputy, Obafemi Hamzat, and the All Progressives Congress (APC).
Channels TV’s judicial correspondent, Shola Soyele, obtained a copy of the Notice of Appeal, in which it asserts, "that the Appellant being dissatisfied with the decision of the Governorship Election Tribunal... hereby appeal 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 the first ground, Rhodes-Vivour contends that the Tribunal erred in law by relying on the Court of Appeal’s precedent in the petition of Mr. Peter Gregory Obi & Anor. Vs. INEC and Others to dismiss the testimony of all his subpoenaed witnesses.
In grounds 2 and 3, the appellants, focusing on their subpoenaed witnesses, assert that the Tribunal erred in law by deeming three witnesses, PW7, PW8, and PW9, as not falling within the category of witnesses that could be subpoenaed. Subsequently, the Tribunal disregarded their oral evidence and documents on the premise that they were not initially listed as witnesses and their sworn statements did not accompany the Petition and documents filed in line with the Electoral Act 2022.
Grounds 4 & 5 center on the contention that the Tribunal erred in law by holding that the burden of proof regarding the specific Oath of Allegiance taken by the Deputy Governor, as well as evidence of his renounced citizenship, rests on the Appellant. The exhibits submitted before the tribunal on this matter were deemed abandoned.
Additional grounds of the petition address the Tribunal's alleged failure to disqualify Sanwo-Olu and his deputy, despite finding that Hamzat is a naturalized United States of America citizen who made a declaration of allegiance to that country. Also noted is the purported failure of the Tribunal to strike out the Final Written Address of both respondents, which was supposedly filed in violation of the provisions outlined in Paragraphs 5(a), 5 (c), and 5(d) of the Election Judicial Proceedings Practice Directions 2022.
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