Gbadebo-Rhodes Vivour, the Labour Party’s candidate for the Lagos State governorship, has filed a Notice of Appeal with the Court of Appeal, Lagos, challenging the recent decision of the State Governorship Tribunal. The tribunal had upheld the victory of Governor Babajide Sanwo-Olu.
The Notice of Appeal, filed on October 7th, lists 21 grounds of appeal and was prepared by Olagbade Benson, one of Rhodes Vivour’s lawyers, along with 12 others.
The document, spanning 24 pages, has been officially served on the Independent National Electoral Commission (INEC), Governor Sanwo-Olu, his deputy Obafemi Hamzat, and the All Progressives Congress (APC).
In the Notice of Appeal, Gbadebo-Rhodes Vivour expresses his dissatisfaction with the Governorship Election Tribunal’s decision delivered on September 25th, 2023, before the Honorable Justices Arum Igyem Ashom, Mika’ilu Abdullahi, and Igho Patricia Braimoh. He appeals to the Court of Appeal, challenging the entirety of the tribunal’s decision, except for rulings and findings in his favor.
Key issues raised in the grounds of appeal include:
Ground 1: Rhodes-Vivour asserts that the Tribunal erred in law by basing its decision on the Court of Appeal’s ruling in the case of Mr. Peter Gregory Obi & Anor. Vs. INEC and Others to dismiss the evidence of all his subpoenaed witnesses.
Grounds 2 & 3: The appellant argues that the Tribunal wrongly held that three witnesses, PW7, PW8, and PW9, did not meet the criteria for being subpoenaed witnesses. The Tribunal subsequently dismissed their oral evidence and documents due to their absence from the witness list and failure to accompany the petition and documents in accordance with the Electoral Act 2022.
Grounds 4 & 5: Rhodes-Vivour contends that the Tribunal erred in placing the burden of proof regarding the Deputy Governor’s specific Oath of Allegiance and evidence of renounced citizenship on the appellant. The Tribunal is also criticized for deeming exhibits on this issue as abandoned.
The Notice of Appeal also touches on the Tribunal’s failure to disqualify Governor Sanwo-Olu and his deputy, Hamzat, despite the finding that Hamzat is a naturalized United States citizen who had made a declaration of allegiance to that country. Additionally, it raises concerns about the failure to strike out the Final Written Address of both respondents, which was allegedly filed in contravention of the Election Judicial Proceedings Practice Directions 2022.
This Notice of Appeal is a significant step in Gbadebo-Rhodes Vivour’s quest for electoral justice, paving the way for a thorough examination of the case at the Court of Appeal.