The Court of Appeal sitting in Lagos, on Tuesday, reserved judgement in the appeals filed by the Labour Party (LP) and the Peoples Democratic Party (PDP) against the re-election of Lagos State Governor, Babajide Sanwo-Olu.
The LP governorship candidate, Gbadebo Rhodes-Vivour, and Abdulazeez Adediran of the PDP are challenging the September 25 judgement of the election tribunal which upheld the March 18 re-election of Sanwo-Olu.
At the hearing of the appeal on Tuesday, the Lead Justice, Yargata Nimpar, reserved judgement after listening to the argument of the parties.
Justice Nimpar said the date for judgement would be communicated to the parties.
Earlier, the counsel for Labour Party, Benson Olagbade, urged the court to allow the appeal and set aside the decision of the tribunal.
According to him, the tribunal erred in law when it held that the burden of proof of specific oath of allegiance subscribed to by Hamzat, as well as the evidence of his renounced citizenship rests on the appellant.
He urged the court to interprete Section 182 (1) (a) of the Constitution regarding the disqualification of Sanwo-Olu and his deputy, Dr Obafemi Hamzat.
The lawyer said: “We invite this court to give full interpretation of the law to this matter.
“It does not matter whose ox is gored.”
Responding, Wole Olanipeku (SAN), counsel for Sanwo-Olu and his deputy, Hamzat, urged the court to dismiss the appeal.
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He said the dual citizenship argued by the appellant was not brought before the tribunal.
Olanipekun said: “They are now presenting a case of dual citizenship, they believe that this is a trial court.
“The tribunal found out that the purported oath of allegiance to a foreign country was not before it so it ruled it out.
“We urge your Lordship to dismiss this appeal.”
The PDP governorship candidate also filed its appeal asking for disqualification of Sanwo-Olu’s re-election.
He also faulted the tribunal for striking out his petition against Rhodes-Vivour.
Adediran and the PDP reiterated that their petitions, asking for the disqualification of APC and Labour Party candidates, were premised on the provision of Section 177(c) and 182(1)(j) of the constitution.
He said the Sections were constitutional grounds for qualification and disqualification for the office of governor in Nigeria and supported by section 134(1) and 134(3) of the Electoral Act 2022.
Counsel for Sanwo-Olu and his deputy, Olanipekun, said the reliefs sought by the appellants were such that they must succeed on the strength of their petition and not on the weakness of the respondents.
He argued that the appellants did not prove anything before the lower tribunal and no burden shifted to the respondents to disprove any fact.
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