Rhodes-Vivour of the LP appeals the Sanwo-Olu tribunal’s decision on 21 separate grounds.
Gbadebo-Rhodes Vivour (GRV), the Labour Party’s candidate for governor of Lagos State, has filed a Notice of Appeal with the Court of Appeal, Lagos, appealing the State Governorship Tribunal’s decision to reinstate Gov. Babajide Sanwo-Olu.
On Saturday, October 7th, one of his lawyers, Olagbade Benson, filed a notice of appeal with 21 grounds of appeal after reaching a settlement on behalf of 12 other clients, as reported by Channels TV.
Counsel for the Respondents, INEC, the governor and his deputy, Obafemi Hamzat, and the All Progressives Congress (APC) have all been served with the 24-page document.
According to the Notice of Appeal, the appellant “being dissatisfied with the decision of the Governorship Election Tribunal Coram Hon. Justice Arum Igyem Ashom, Hon. Justice Mika’ilu Abdullahi and Hon. Justice Igho Patricia Braimoh delivered on 25th September, 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.”
First, Rhodes-Vivour claims that the Tribunal committed legal error by dismissing all of his subpoenaed witnesses based on the Court of Appeal’s ruling in Mr. Peter Gregory Obi & Anor. Vs. INEC and Others.
In grounds 2 and 3, the appellants who stuck with the issue of its subpoenaed witnesses claimed that the Tribunal erred in law when it held that the three witnesses, PW7, PW8, and PW9 were not witnesses that fall within the category of witnesses that could be subpoenaed and then discounted their oral evidence and documents on the basis that they were not listed as witnesses and their sworn statements did not accompany the Petition and documents front-lidded with the Petition
Rhodes-Vivour argued that the Tribunal made a legal error in its determination that the Appellant must provide proof of the specific Oath of Allegiance subscribed to by the Deputy Governor and evidence of his renounced citizenship, and that any evidence presented to the Tribunal on this issue was treated as abandoned (grounds 4 and 5).
The petition also argued that the Tribunal erred by not disqualifying Sanwo-Olu and his deputy after discovering that Hamzat is a naturalised U.S. citizen who declared allegiance to the United States, and by not striking out the Final Written Address of both respondents for allegedly being filed in violation of Paragraphs 5(a), 5(c), and 5(d) of the Election Judicial Proceedings Practise and Procedure.
