Tribunal Affirms Sanwo-Olu’s Election Dismisses PDP Petition 

Wale Igbintade 

The Lagos Governorship Elections has affairmed the re-election of governor, Babajide Sanwo-Olu as the elected governor of Lagos State.

Consequently, the 3-man Tribunal dismissed the petition of the Governorship Candidate of the Peoples Democractic Party, Olajide Adediran popularly known as Jandor challenging the return of Sanwo-Olu and his Deputy Obafemi Hamzat.

The tribunal resolved all the issues raised in favour of the  2nd and 3rd Respondents, and against the Petitioners 

In his lead Judgement, Justice Mikhail Abdullahi held that Sanwo-Olu and his deputy, Dr Hamzat were qualified to contest the March 18, 2023, governorship election in the state under section 177 of the Constitution.

The judge noted that they are members of political party and educated up to school certificate level.

The tribunal held that Section 177 of the constitution stipulated that “A person shall be qualified for election to the office of Governor of a State if

(a) he is a citizen of Nigeria by birth;

(b) he has attained the age of thirty-five years;

(c) he is a member of a political party and is sponsored by that political party; and

(d) he has been educated up to at least School Certificate level or its equivalent.”

“we have considered evidence before this court.

He has highest number of votes.

” This petition is dead on arrival.”

The tribunal held that in view of evidence adduced before the court, the grounds on which the petitioners is seeking disqualification of 2nd and 3rd respondents lacks merit.

“I have affirmed the declaration of Sanwo-Olu and Dr Hamzat as duly elected and therefore declared them winner.”

Also, the two other members of the panel, Justice Arum Ashom and Justice Igho Braimoh aligned with the lead Judgment.

Earlier, the Tribunal had struck out the application of Jandor, who was seeking a disqualification of Governor Babajide Sanwo-Olu’s candidature.

Jandor had argued in his motion, alongside his formal petition in which he challenged the return of Sanwo-Olu and his running mate, Obafemi Hamzat in the March 18, 2023  governorship elections in Lagos State.

The petitioner had contended that Mr Sanwo-Olu was not qualified to be elected, and therefore wrongfully nominated and sponsored by his party, the All Progressives Party.

He had replied on section 134(1)(a) of the Electoral Act of 2022 which deals with grounds of instituting an electoral petition.

But, Justice Abdullahi while reading the Tribunal’s decision on the matter held that this position didn’t form part of the grounds for disqualification for election into the office of Governor, under sections 177 and 182 of the Nigerian Constitution (as amended).

The tribunal also declared that it has no powers to inquire into the primary election of the APC which produced Sanwo-Olu, saying it is a pre-election matter which doesn’t fall under its jurisdiction.

‘Only an aspirant or member of a political party can complain about the outcome of the party’s primary, not a busybody like the petitioner.”

This ruling forms part of the judgment being delivered in Jandor’s petition. 

The Chairman of the tribunal, Justice Arum Ashom earlier on Monday, announced that  judgment over the petition of the governorship candidate of the Labour Party, Gbadebo Rhodes-Vivour will be delivered afterwards.

The third judge on the panel is Justice Igho Braimoh. 

The tribunal also struck out the names of the Labour Party and its candidate among the list of respondents, saying 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 also expunged from its records all exhibits tendered in evidence by Rhodes-Vivour and the LP in Jandor’s petition, adding that they cannot subsequently go on to challenge any part of the judgment in Jandor’s petition or else will become a meddlesome interloper.

The Independent National Electoral Commission had declared Sanwo-Olu of the All Progressives Congress winner of the governorship election.

He polled 762,134 votes to beat Mr Rhodes-Vivour, who scored 312,329 votes. Jide Adediran  came a distant third, polling 62,449 votes.