Guber Judicial Contest: S’Court reserves judgment in LP, PDP appeals against Sanwo-Olu
The Supreme Court on Tuesday reserved judgment in the appeals by the Labour Party (LP) and the Peoples Democratic Party (PDP) challenging the victory of the Lagos State Governor, Babajide Sanwo-Olu.
The apex court adjourned the matter for judgment after counsel in the matter adopted their briefs.
Sanwo-Olu, the All Progressives Congress’ (APC) flagbearer in the 2023 Lagos governorship election, defeated the candidates of the LP, Gbadebo Rhodes-Vivour, and PDP’s Azeez Adediran, to win the election.
Displeased with the outcome of the election, the LP and PDP candidates challenged Sanwo-Olu’s victory at the tribunal.
The tribunal dismissed their petitions for lacking in merit.
Challenging the decision at the Court of Appeal, Adediran filed 34 grounds of appeal, while Rhodes-Vivour filed 21. The appeals were also dismissed.
The two candidates appealed against the appellate court’s judgment and asked the apex court to vacate the order.
While adopting his brief at the proceedings on Tuesday, counsel for the LP, Mr Olagbade Benson, urged the court to grant the reliefs sought in the appeal and set aside the decisions of the lower courts.
He urged the court to determine whether the third respondent (Obafemi Hamzat) who is a citizen of the USA is qualified to contest as the deputy candidate of Lagos.
On his part, the counsel for the first respondent, Nas Ogunsakin, urged the court to dismiss the appeal, noting that the applicant did not present evidence to support their claims and that the witnesses brought were incompetent.
The counsel for the second and third respondents, Wole Olanipekun SAN, accused the appellant of filing a different case at the apex court.
“There is no connectivity between the case here and that of the lower courts. The case they made was about Hamzat’s renunciation of Nigerian citizenship but at the Supreme Court it is on the acquisition of USA citizenship,” he said.
The fourth respondent counsel, Muiz Banire, also urged the court to dismiss the appeal with a substantial cost.
Banire said the appeal was at variance with what was pleaded at the tribunal, adding that the issue donated by the appellant does not cover the argument advanced.
The Supreme Court five-man panel led by John Okoro reserved judgment on the matter.
On the PDP appeal, the counsel for the appellant, Clement Onwuenwunor, SAN said the name Sanwo-Olu submitted to INEC was different from that contained in his WAEC certificate. He urged the court to hear the appeal.
The counsel for the Independent National Electoral Commission, Ogunsakin, said the appeal was against the concurrent findings of the lower courts, urging the court to dismiss the appeal.
During his submission, the counsel for the second and third respondents, Olanipekun said, “The court lacks jurisdiction to hear the appeal. The appellant is asking the court to review the evidence. Sanwo-Olu did not submit the WAEC result the appellant-accused him of forgery in the form he submitted to INEC.
“He did not submit the certificate yet they brought two copies of the said WAEC certificates and alleged forgery. They are claiming a certificate not submitted is forged.”
Counsel for the fourth respondent, Banire, while citing Sections 29 and 82 of the Electoral Act as a pre-election matter, described the matter as status-barred, urging the court to dismiss it.
Similarly, Olagbade Benson and Benson Idowu, counsel for the fifth and sixth respondents equally asked the court to dismiss the appeal.
