All Progressives Congress (APC) in Lagos State has urged the Governorship Election Petition Tribunal to dismiss the petition filed by the Lagos State governorship candidate of the Labour Party (LP), Gbadebo Rhodes-Vivour, saying it is “wishy washy”.
The APC, in its 36 page final written address, filed through its lawyer, Abiodun Owonikoko, told the Tribunal that Rhodes-Vivour had failed to produce evidence to backup its case that the election was rigged in favour of Governor Babajide Sanwo-Olu.
The Labour Party governorship candidate had, in his petition, urged the Tribunal to nullify the return of Governor SanwoOlu and his deputy, Obafemi Hamzat, because they did not qualify to contest the election and because they did not score the highest lawful votes cast during the election.
During the trial, Rhodes-Vivour called a total of 10 witnesses including ward leaders, coordinators and 4 others who were subpoenaed. The petitioner also tendered over 20,000 documents including certified true copies of INEC Forms EC9, EC8A & B, Form EC40A, Form EC40G, BVAS report and CTC of judgments.
The APC at the close of the Petitioners case called only one witness through whom it tendered its relevant documents.
The respondents to the petition are the Independent National Electoral Commission (INEC), Sanwo-Olu, Hamzat and the All Progressives Congress (APC), while LP candidate is the sole petitioner in the matter.
In its final written address, dated July 21, 2023, the APC argued that no evidence had been put before the 3 man panel to sway its mind that the votes cast for SanwoOlu and his deputy were not lawful or that the election was not conducted in substantial compliance with the relevant laws.
While reviewing the evidence of the petitioner, the APC submitted that the testimonies of the Petitioners Witnesses, PW1-6, were that the elections were marred by violence, voter intimidation and irregularities.
Under cross examination however, the APC says these testimonies “fell like pack of cards” as the witnesses all admitted that they were not polling unit agents and part of their testimonies were hearsays based on what the agents relayed to them. The party also made the point that the petitioner only called two or three polling agents in far flung polling stations.
The party also maintained that though the petitioner tendered an avalanche of electoral forms and materials from the bar, he did not call witnesses to speak to all of these documents and the implication is that he merely “dumped” those heap of materials on the tribunal. They asked the tribunal to expunge all such documents from its records.
The party also raised objections to the competence of the four subpoenaed witnesses of the petitioner and the admissibility of their oral evidence.
On the testimony of the subpoenaed PW 8, an immigration attorney resident in the US on the alleged dual citizenship of the deputy governor, the APC invited the Tribunal to note that the statement on oath of the witness was deposed to by a Notary Public in Ikeja, Lagos State.
They also particularly noted that she is not an immigration official neither was she from the Home Secretary Office or any of the Government Department of the USA. She also did not present before the Tribunal the immigration document allegedly signed by Obafemi Hamzat to show his non eligibility but merely gave her opinions based on assumptions.
The APC says it’s is clear from it submissions that the petition was brought to the Tribunal “dead on arrival”, as the petitioner failed woefully to prove any of the grounds of the petition.
On the allegation that SanwoOlu and Hamzat were not qualified to contest the election. The Petitioner wants the votes cast for the 2nd and 3rd Respondents be declared wasted votes and that he be declared the Governor of Lagos state, instead.”
The party submitted that this argument is unreasonable and should be discountenanced by the Tribunal as there is no credible evidence by the Petitioner showing how many votes he scored at the election not to talk of demonstrating that he had the required spread of 25% of the total number of lawful votes cast, in at least two-thirds of the Local Government Areas of Lagos State.
“We submit that this election Petition is ‘wishy-washy’ as the Petitioner claims reliefs in respect of 18 Local Government Areas of Lagos State suggesting that the Petitioner as a candidate who seeks to govern the state does not know how many Local Government Areas are in that State. That is not good enough”.
By his alternative prayers, the Petitioner sought sought an order mandating INEC to conduct a fresh election at which the SanwoOlu, Hamzat and the APC would not be allowed to participate.
The party reiterated that the results declared by INEC enjoy a presumption of regularity, and Rhodes-Vivour failed to lead credible evidence to revoke this presumption.
The APC, therefore, urged the Tribunal to dismiss the Petition with substantial cost awarded in favour of the APC.
End.
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