The Labour Party's gubernatorial candidate in Lagos State, Gbadebo-Rhodes Vivour, known as GRV, has taken a significant legal step by submitting his Notice of Appeal to the Court of Appeal in Lagos State. This move challenges the State Governorship Tribunal's decision that upheld the victory of Governor Babajide Sanwo-Olu.
The Notice of Appeal, meticulously prepared by one of GRV's legal representatives, Olagbade Benson, along with 12 others, was officially lodged on Saturday, October 7th, and it comprises a comprehensive 21 grounds of appeal.
This comprehensive 24-page document has been duly delivered to the counsel representing the Respondents in the case, which includes the Independent National Electoral Commission (INEC), Governor Sanwo-Olu, his deputy Obafemi Hamzat, and the All Progressives Congress (APC).
The Notice of Appeal articulates GRV's dissatisfaction with the Governorship Election Tribunal's decision, as delivered by Hon. Justice Arum Igyem Ashom, Hon. Justice Mika'ilu Abdullahi, and Hon. Justice Igho Patricia Braimoh on September 25th. In essence, it appeals to the Court of Appeal against the entire verdict of the Governorship Election Petition Tribunal, with the exception of the rulings and findings that favor the Appellant.
In the first ground, GRV argues that the Tribunal made a legal error by relying on the Court of Appeal's decision in the petition of Mr. Peter Gregory Obi & Anor. Vs. INEC and Others to dismiss the testimonies of all his subpoenaed witnesses.
Moving on to the second and third grounds, the Appellant, still addressing the issue of subpoenaed witnesses, contends that the Tribunal erred in law by categorizing witnesses PW7, PW8, and PW9 as witnesses who could not be subpoenaed. Subsequently, it disregarded their oral evidence and documents on the premise that they were not listed as witnesses, and their sworn statements were not attached to the Petition and documents front-loaded, in line with the provisions of the Electoral Act 2022.
Grounds 4 and 5 focus on the Tribunal's error in holding that the burden of proof regarding the specific Oath of Allegiance subscribed to by the Deputy Governor rested solely on the Appellant. Moreover, exhibits presented to the tribunal on this matter were considered abandoned.
Other grounds for the appeal include the Tribunal's failure to disqualify Governor Sanwo-Olu and his deputy, given that it was established that Hamzat is a naturalized United States citizen who declared allegiance to that country. The Tribunal also failed to strike out the Final Written Address of both respondents, an action allegedly taken in violation of the provisions of Paragraphs 5(a), 5(c), and 5(d) of the Election Judicial Proceedings Practice Directions 2022.