Court of Appeal affirms election of Sanwo-Olu, Hamzat
The Appeal Court sitting in Lagos on Wednesday affirmed the election of Governor Babajide Sanwo-Olu and his Deputy, Dr. Obafemi Hamzat.
The court dismissed the appeal filed by the candidate of the People Democratic Party (PDP), Dr. Olajide Azeez Adediran and its party challenging the March 18, 2023, governorship election
The Court of Appeal affirmed the judgment of the Tribunal, delivered on September 25, 2023, declared Sanwo-Olu and his deputy, Hamzat as the duly elected governor and deputy of the state.
The three-man panel in their unanimous decision held that the appeal failed in its entirety and the same is hereby dismissed.
The panel was headed by Justice Yargata Nimpar while Justice Samuel Bola and Justice Paul Bassi are members.
While delivering the judgment, the court held that the appellant failed to prove his appeal and failed to file within the stipulated time required by the electoral act. In view of the paragraph 6 of the Electoral Act which stipulated 14 days to file. It is important to know that there is no extension of time. It is clear that the ruling of the tribunal which is the part of the judgment is right.
“It is clear from the citation that the appellant failed. The 180 days stipulated by law has since expired and lapsed. The court therefore lacks jurisdiction. The court cannot do any surgical operation for being incompetent, the Court therefore has no jurisdiction.”
The court also held that there was repetition of some paragraphs in his petition. “It is settled that even in the normal proceeding, there is a rule. It is wrong for the appellant to reopen the case and reintroduce a new issue.
“The petitioner has no reason to restate what was already stated in the petition. They overlook their pleading in a specific election case. No amendment must be allowed at the expiration of the slated days. So it was illegal to introduce an un-pleaded fact at the tribunal. The appellant went against that law and cannot complain therein. The tribunal was right to struck out the additional list of witnesses.”
The court further held that the complaint by the appellant that he was deprived of fair hearing cannot be substantiated.
“From that fact on the records of this court, there is no denial of fair hearing.”
The court however upheld the tribunal judgment, resolved all issues against the appellant and therefore dismissed the appeal in its entirety.
Responding to the news of his victory at the Court of Appeal, Governor Sanwo-Olu has hailed the Judiciary.
In a personal message signed by him, the Governor said, “Today’s judicial pronouncements, like those of the Lagos State Elections Petition Tribunal, have buoyed my confidence in our country’s judicial system. The Court examined all the issues and did justice to them, without leaving anyone in doubt as to who is the rightful winner of the election.
“Our party, the All Progressives Congress(APC) will continue to maintain its firm belief in the judicial process. My deputy and I have satisfied all the constitutional requirements and are now more focused on delivering the democratic dividends to our people.
“With deep gratitude to the Almighty God, I humbly accept today’s Appeal Court verdict, with a sense of responsibility and a desire to continue with the giant strides of our administration so as to leave a great legacy for our people.”
The Governor added that the victory has further strengthened his resolve to impact the lives of Lagos residents positively, regardless of their political persuasion, in line with his THEMES+ development agenda.
