Kemisola Oye
THE All Progressives Congress on Tuesday presented its first witness in the petition filed by the governorship candidate of the Labour Party in the 18 March 2023 election, Mr Gbadebo Rhodes-Vivour.
The respondents in the petition are the Independent National Electoral Commission (INEC), Governor Babajide Sanwo-Olu, his Deputy, Dr Obafemi Hamzat; and the All Progressives Congress (APC).
At the resumed hearing, a chieftain of the APC, Fouad Oki, who was led in evidence by the APC’s counsel, Babatunde Ogala (SAN), tendered a downloaded document issued by the Nigerian Immigration Service, formatting the process for the renunciation of Nigerian citizenship, which can only be approved by the President of the country.
The witness also tendered a Punch online report, a series of tweets and a YouTube video downloaded in a flash drive of Labour Party supporters allegedly threatening to use dogs to chase out APC supporters from polling units on election day.
Only the counsel for the Labour Party’s candidate, Idowu Benson objected to the admissibility of the witness’ electronic documents as exhibits, saying he would fully adduce his reasons during the final addresses.
The three-member tribunal headed by Justice Arum Ashom provisionally admitted the documents in view of the objections.
During cross-examination, the witness, who has earlier said he was the APC’s Director-General of the 2023 general election campaigns in Lagos State while responding to a question posed by Mr Benson said he has never been a member of the Peoples Democratic Party (PDP) or the LP, and that the APC doesn’t have a cross-petition before the tribunal.
During cross-examination by counsel for Governor Sanwo-Olu and his deputy, Obafemi Hazmat, Bode Olaonipekun (SAN), the witness said filling of nomination forms by candidates (INEC Form EC9) was done online, under the Electoral Act (2022) and that deposition of oaths by the candidates, which forms part of Form EC9 was done before a Commissioner for Oaths.
The following exchanges ensued between Mr Oki and Barrister Bode Olaonipekun:
“(Confirm that) in the current regime, you fill out nomination forms online.
Witness: Yes
You don’t depose to an oath online.
Witness: Yes
On exhibit PE 717, that’s the oath for the Deputy Governor.
Witness: yes
That oath contains the handwritten endorsement of the commissioner for oaths.
Witness: Yes
So I’m correct that whereas other parts of EC9 are filled online, the section of the oath sworn before the commissioner for oaths is separately uploaded.
Witness: Yes
On Exhibit R25, that’s the final list of candidates and their running mates for the governorship election.
Witness: Yes
It is only after candidates submit their nomination forms that their names are published by INEC.
Witness: Yes
By that list, it’s the same time INEC published the names of Mr Sanwo-Olu and Obafemi Hazmat that it also published Gbadebo Rhodes-Vivour’s name.
Witness: Yes
A person who’s not a Nigerian or has renounced his citizenship can’t have a Nigerian passport.
Witness: Yes
The tribunal discharged the witness afterwards and adjourned the hearing till Thursday, 13 July.
Mr Rhodes-Vivour, who emerged second in the March polls, is challenging the victory of Mr Sanwo-Olu, alleging that the APC candidate was not qualified to contest the election based on corrupt practices and non-compliance with the provisions of the Electoral Act 2022 and the 1999 Constitution.
The petitioner is also challenging the eligibility of the Deputy Governor, Obafemi Hamzat to contest on grounds that he allegedly renounced his Nigerian citizenship and swore allegiance to the United States of America.
Eighteen-Eleven Media