The Lagos State Governorship Election Petition Tribunal in Ikeja has granted an ex-parte application brought before it by the Labour Party’s governorship candidate, Gbadebo Rhodes-Vivour, for substituted service of his petition on the state governor, Babajide Sanwo-Olu.
Rhodes-Vivour filed the petition on April 9th, challenging the outcome of the March 18 governorship election, in which the Independent National Electoral Commission (INEC) declared Sanwo-Olu the winner.
At the sitting of the tribunal on Monday, Rhodes-Vivour, through his counsel, Mr. Olagbade Benson, pointed out that Sanwo-Olu has been evading service of the petition by the bailiff.
According to Benson, Governor Sanwo-Olu refused to collect the document from the bailiff when the court official got to his office to serve him.
The tribunal subsequently ordered that service be done on the Governor and his Deputy through a DHL courier service company or any other recognized courier service company to the respondent’s official residence at Lagos House, Marina.
In his 271-paged petition filed before the Tribunal on April 9, Rhodes-Vivour who is the sole petitioner says that Sanwo-Olu was wrongfully returned as the election was vitiated by substantial non-compliance with the mandatory statutory requirements and irregularities that inimically substantially affected the elections in some polling wards, wards, and local government areas.
The petitioner also said that the failure of INEC to comply with the mandatory provisions of the Electoral Act 2020, the Manual of Election Officials 2023, and the Regulations and Guidelines for the conduct of Elections 2022 impugns irredeemably the integrity of the Lagos Governorship elections of March 18, 2023.
Rhodes-Vivour listed three grounds on which his petition is based. He alleged that Sanwo-Olu was not qualified to contest the election was not duly elected by a majority of lawful votes cast and the election was invalid by reason of corrupt practices or non-compliance with the provisions of the Electoral Act 2022 and the Constitution.
In facts put to support his petition, GRV also says that Deputy Governor Obafemi Hamzat, contrary to the provisions of the Electoral Act 2020, while still being a citizen of the USA and by denouncing his allegiance to Nigeria, allowed himself to be nominated as the deputy governorship candidate.
The petitioner contends that by reason of the disqualification of both men, all votes recorded for them and the APC are wasted and he is therefore entitled to be declared the winner of the election being the candidate with the second highest number of lawful votes cast.
Rhodes-Vivour says that at the hearing of the petition, he shall also contend that at the conclusion of elections at each polling unit, the presiding officer was mandatorily required to electronically transmit the results directly to the collation system of INEC as well as to use the BVAS to upload a scanned copy of the form EC8A to the INEC IREV’s portal in real-time.
He said the failure to do this gave room for manipulation of the said results by INEC officials as there were over 151 mutilated and thoroughly altered results in violation of the Electoral Act INEC’s regulations.
The petitioner also stated that in areas like Alimosho, Ikorodu, Mushin, Surulere, Amuwo-Odofin, Apapa, Lagos Mainland, Lagos Island, Lekki etc, INEC officials colluded with the governor, his deputy, and the APC to mischievously suppress the lawful results by physically assaulting his supporters and preventing them from voting.
He says the APC and its candidates also employed diabolical means including but not limited to Oniru of Iru land performing “Oro” to prevent female and non-Yoruba voters from lawfully casting their votes.
With a long list of specific places detailing incidents of voter threats, suppression, disenfranchisement, violence & irregularities, the LP candidate says he will rely on videos, relevant INEC forms, the evidence of experts including forensic examiners, statisticians, data analyst/researcher, information technologist, computer analysts and several other persons and documents in proof of his petition.
Over 20 lawyers have been listed to represent Rhodes-Vivour and they are led by a Senior Advocate of Nigeria, Olumide Ayeni.