NIGERIA: Tribunal strikes out Rhodes-Vivour, LP from Jandor’s petition over Lagos Gov Election

The Lagos State Governorship Election Tribunal has struck out the Labour Party and its candidate, Gbadebo Rhodes-Vivour, from the petition of his Peoples Democratic Party (PDP) counterpart, Olajide Adediran popularly known as Jandor, against the recent governorship election.

Jandor is challenging the return of Babajide SanwoOlu and Obafemi Hamzat in the March 18 governorship election in Lagos State. Shortly after the announcement of appearances by all lawyers and parties in the case at Monday’s proceeding, the Chairman of the tribunal, Justice Arum Ashom, announced that the court would first deliver judgment in the case of the PDP & its candidate before giving its judgment in the petition of the governorship candidate of the Labour Party, Gbadebo Rhodes-Vivour.

Justice Ashom also yielded the floor to his brother judge, Justice Mikail Abdullahi to read the judgment on behalf of the panel. The third judge on the panel is Justice Igho Braimoh. The tribunal, in its judgment read by Justice Abdullahi, first dwelt on the preliminary objections filed by the parties. The first objection taken is whether the 3rd Respondent, the Deputy Governor of Lagos, Obafemi Hamzat is a separate and distinct candidate from the 2nd respondent, Babajide Sanwo-Olu. The tribunal was also asked to determine whether the deputy governor could be listed as a respondent in the petition.

The Tribunal noted that this issue has been decided in a number of cases and went on to hold that a deputy governor and governor are not separate candidates and they are not required to pay a separate security deposit. In the second objection, the tribunal was asked to decide whether a person who lost an election could be joined as a respondent in an election petition. Jandor had joined the Candidate of the Labour Party, Rhodes-Vivour as a respondent in his petition. Citing a list of decided cases, the tribunal agreed that a petition is contemplated to be filed between the winner and the loser of an election and not between two persons who lost.

The tribunal therefore upheld the prelim objection and subsequently struck out the name of the 5th respondent, Rhodes-Vivour from the petition filed by Jandor. The tribunal also expunged from its records all exhibits tendered in evidence by Rhodes-Vivour in the petition filed by Jandor. The tribunal went on to hold that Rhodes-Vivour cannot subsequently go on to challenge any part of the judgment of the Jandor’s petition or else he becomes a meddlesome interloper.