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The Labour Party’s gubernatorial candidate in Lagos State, Gbadebo-Rhodes Vivour, commonly known as GRV, has formally submitted his Notice of Appeal to the Court of Appeal in Lagos State. He is contesting the decision of the State Governorship Tribunal, which upheld the victory of Governor Babajide Sanwo-Olu.
The notice of appeal, prepared by one of his legal representatives, Olagbade Benson, on behalf of 12 others, was officially filed on Saturday, October 7th. It contains 21 grounds of appeal.
This 24-page document has been delivered to the legal representatives of the respondents, including the Independent National Electoral Commission (INEC), the governor, his deputy Obafemi Hamzat, and the All Progressives Congress (APC).
In the Notice of Appeal, it is stated:
“The Appellant, dissatisfied with the decision of the Governorship Election Tribunal, presided over by Hon. Justice Arum Igyem Ashom, Hon. Justice Mika’ilu Abdullahi, and Hon. Justice Igho Patricia Braimoh, delivered on 25th September, hereby appeals to the Court of Appeal against the entire decision of the Governorship Election Petition Tribunal, except for the rulings and findings in favor of 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 case of Mr. Peter Gregory Obi & Anor. Vs. INEC and Others to dismiss the testimony of all his subpoenaed witnesses.
In the second and third grounds, the appellant continues to challenge the issue of his subpoenaed witnesses, claiming that the Tribunal erred in law by asserting that three witnesses, namely PW7, PW8, and PW9, did not meet the criteria for being subpoenaed witnesses. The Tribunal subsequently dismissed their oral evidence and documents because they were not initially listed as witnesses, and their sworn statements did not accompany the Petition and documents submitted in accordance with the Electoral Act of 2022.
Grounds 4 and 5 highlight Rhodes-Vivour’s contention that the Tribunal made a legal mistake by placing the burden of proof of the specific Oath of Allegiance subscribed to by the Deputy Governor on the Appellant. It is argued that exhibits presented to the tribunal on this matter were unjustly deemed abandoned.
Other grounds of the appeal include the Tribunal’s failure to disqualify Sanwo-Olu and his deputy, despite establishing that Hamzat is a naturalized United States citizen who made a declaration of allegiance to that country. The appeal also contends that the Tribunal should have dismissed the Final Written Address of both respondents, as it was allegedly submitted in violation of the provisions of Paragraphs 5(a), 5(c), and 5(d) of the Election Judicial Proceedings Practice Directions of 2022.
