Lagos tribunal: APC opens defence as chairman testifies

July 12, 2023
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The All Progressives Congress (APC) presented its first witness in defence against an election petition filed by the Governorship Candidate of Labour Party (LP), Mr Gbadebo Rhodes-Vivour.

Rhodes-Vivour is  challenging the state Gov. Babajide  Sanwo-Olu’s victory in the March 18 governorship poll.

APC is joined in the petition as a respondent.

The other respondents in the petition are  Independent National Electoral Commission (INEC), Sanwo-Olu and his Deputy, Dr Obafemi Hamzat.

A chieftain of APC in Lagos State,  Mr Fouad Oki, testified for the party on Tuesday.

He was led in evidence by the party’s counsel, Mr Babatunde Ogala (SAN).

The witness tendered a downloaded document issued by the Nigeria Immigration Service, formatting the process for  renunciation of Nigerian citizenship, which can only be approved by the president of the country.

Oki also tendered a newspaper publication, a series of tweets and a YouTube video downloaded in a flash drive allegedly showing LP supporters threatening to use dogs to chase out APC supporters from polling units on the election day.

Counsel to Rhodes-Vivour, Mr ldowu Benson, however, objected to the admissibility of the electronic documents as exhibits.

Benson said that he would state his reasons for objection in his final address.

The three-member tribunal headed by Justice Arum Ashom provisionally admitted the documents in evidence.

During cross-examination, the witness who said he was the Director-General of APC campaigns for the 2023 General Elections in Lagos State, said that he had never been a member of  People Democratic Party or LP.

While being cross-examined by Mr Bode Olanipekun (SAN), counsel to Sanwo-Olu and Hazmat, the witness said that candidates filled the INEC Form EC9 online under the Electoral Act, 2022 and that deposition of oaths by candidates, which formed part of Form EC9, was done before a commissioner for oaths.

“On Exhibit PE 717 is the oath for the deputy governor, and the oath contains  handwritten endorsement of the commissioner for oaths.

“The oaths section sworn before the commissioner for oaths is separately uploaded, whereas other parts of Form EC9 are filled online.

“It is only after candidates submit their nomination forms that their names are published by INEC.

“On that list, INEC published Sanwo-Olu and Hamzat’s names the same time Rhodes-Vivour’s name was published,” he said.

According to the witness, a person who is not a Nigerian or has renounced his citizenship could not have a Nigerian passport.

The tribunal then discharged the witness and adjourned until July 13 for further hearing. (NAN)

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