Sanwo-Olu Asks Tribunal To Dismiss Rhodes-Vivour’s Petition

Governor Babajide Sanwo-Olu of Lagos State and his deputy, Dr Obafemi Hamzat, have asked the Governorship Election petitions Tribunal to dismiss the case filed by the candidate of the Labour Party (LP), Gbadebo Rhodes-Vivour for failing to provide evidence to prove his claims.

The governor and his deputy, In their 43-page final written address, stated that since the reliefs sought in an election petition are declaratory, it will amount to reiterating the obvious that the quantum and quality of evidence must be of such a gradient that will be sufficiently compelling to impel a tribunal to displace the presumption of regularity.

They maintained that declaratory reliefs cannot be granted on the strength of mere admission by an adversary and such access does not excuse a petitioner from satisfying/discharging the enormous burden of proof.

While the All Progressives Congress (APC), in its response to the petition also argued that the petition is lacking in evidence and that it cannot sway the mind of the Justice Arum Ashom three-person panel to hold that the votes cast for  SanwoOlu were not lawful or that the election was not conducted in substantial compliance with the relevant laws.

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The Independent National Electoral Commission (INEC) is also a respondent to the petition, while Rhodes-Vivour is the sole petitioner in the matter.

INEC had on March 18, 2023 declared Sanwo-Olu and Hamzat winners of the Governorship after having scored 762,134, of the majority of lawful votes cast while the petitioner, scored 312,329 to place second in the polls.

Rhodes-Vivour had urged the Tribunal, in his petition filed on April 9, 2023, to declare him the winner of the election and also nullify the victory of the Governor and his deputy.

In conclusion, Sanwo-Olu and Hamzat said, “Having inundated the Tribunal with a petition of 184 pages, the petitioner failed to bring evidence to ventilate the expansive petition, assuming without conceding that it contained prolific or cogent grounds qua complaints. Since the tribunal cannot go on a spree to extract evidence or engage in a self-inquisitorial examination of dumped documents, the option legitimately open to the Tribunal is to enter a deserving order of dismissal.’’