In a recent development, the Lagos State Governorship Election Tribunal has followed in the footsteps of its decision regarding the Peoples Democratic Party (PDP) and dismissed the petition filed by the Labour Party (LP) candidate, Gbadebo Rhodes-Vivour.
The unanimous judgment, delivered by Justice Arum Ashom on a late Monday, emphasized the lack of merit in the petitioner’s case.
The tribunal began by addressing preliminary objections, reiterating that issues related to the nomination of candidates fell under the jurisdiction of the Federal High Court as a pre-election matter. Consequently, this ground of Rhodes-Vivour’s petition was dismissed.
Furthermore, the tribunal found that the petitioner failed to provide sufficient evidence to support his claim that the election of Sanwo-Olu was invalid due to corrupt practices or non-compliance with the Electoral Act.
“Whether the 2nd & 3rd respondents were not jointly disqualified, when contrary to the provisions of the Electoral Act, the 3rd respondent while still being a citizen of the United States of America and voluntarily renouncing his allegiance to the Federal Republic of Nigeria allowed himself to be nominated as the deputy governorship candidate to the 2nd Respondent on the platform of the 4th Respondent, the APC…”
Drawing from the precedent set by the Presidential Election Petition Tribunal in the case of Peter Obi and three others, the court disregarded the oral testimony of four subpoenaed witnesses, citing their lack of witness statements and inclusion in the petition as per Electoral Act requirements.
However, the tribunal did rule in favor of the petitioner’s locus to file the petition, emphasizing that the dual nationality of a Nigerian citizen by birth does not disqualify them from holding elective office, citing section 182 (1) (a) of the Constitution.
The said Section 182 (1) (a) reads thus:
“182.-(1) No person shall be qualified for election to the Governor of a State if-Subject to the provisions of section 28 of this Constitution, he has voluntarily acquired the citizenship of a country other than Nigeria or, except in such cases as may be prescribed by the National Assembly, has made a declaration of allegiance to such country.”
Notably, the tribunal rejected the witness statement and evidence provided by a US Immigration lawyer, Mrs. Olubusayo Fasidi, on the grounds that her testimony was misconceived.
