Lagos: “Jandor Is A Busybody” – Election Petition Tribunal Holds 

• Upholds Sanwo-Olu, Hamzat’s Election 
• Dismisses Labour Party, PDP Petitions 

Kemisola Oye

THE Lagos State Governorship Election Petition Tribunal Monday night described the governorship candidate of the  Peoples Democratic Party (PDP) in the 18 Match 2023 election, Dr Abdulazeez Adediran (popularly known as Jandor) as a busybody for seeking the disqualification of Governor Babajide Sanwo-Olu based on an intra-party election conducted within the All Progressives Congress (APC).  

The three-member panel in the eleven-hour-long judgment delivered yesterday unanimously affirmed Governor Sanwo-Olu as the winner and the duly elected candidate in the election conducted in the state.  

A member of the panel, Justice Mikail Abdullahi while reading his judgment held that the tribunal had no powers to inquire into the primary election of the APC which produced Sanwo-Olu, adding that the issue was a pre-election matter which did not fall within its jurisdiction.

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

The panel unanimously dismissed the two petitions filed by the PDP and its governorship candidate, Dr Adediran and Mr Gbadebo Rhodes-Vivour of the Labour Party. 

The Chairman of the tribunal, Justice Arum Ashom held that the petitioners focused on only one ground, which was that Hamzat took an oath of allegiance in the United States to renounce his Nigerian citizenship, rendering him ineligible to run for a political position in Nigeria.

The tribunal held that since he was a Nigerian citizen by birth, his American naturalization did not extinguish his rights to run for political office.

The tribunal held that being a citizen of Nigeria by birth, his oath of allegiance to the US did not prevent him from contesting the election.

Justice Ashom said: “As it is, the petition stands on only one ground which is the deputy governor’s dual citizenship.

“However, the US immigration lawyer, Mrs Olubusayo Fasidi, under cross-examination, told the tribunal that she could not disclose the jurisdiction and date the third respondent (Dr Hamzat) applied for naturalization because the information was protected by the Privacy Act of 1974.

“The tribunal hereby rejects the testimony of the lawyer as her testimony is being misconceived

“Consequently, the tribunal hereby affirms the declaration of INEC of the election of Sanwo-Olu and Hamzat as the governor and deputy duly elected,” Justice Ashom held. 

Earlier, Justice Mikhail Abdullahi had held that the petition of Dr. Adediran (popularly known as Jandor), against Sanwo-Olu’s election lacked merit and was dead on arrival.

According to Justice Abdullahi, the petition deserved a befitting burial as Jandor failed to discharge the burden of proof imposed on him by the Electoral Act. 

The tribunal also addressed the issue of forgery against the governor wherein he was alleged to have forged his West African Examination Council  (WAEC) certificate and held that Jandor should have invited the principal of the school, Ijebu-Ife Community Grammar School, to prove the allegations

Jandor had contended that Mr. Sanwo-Olu was not qualified to be elected and therefore wrongfully nominated and sponsored by the All Progressives Congress (APC).

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

However, Justice Mikail Abdullahi, while reading the tribunal’s decision on the matter, held that the position did not form part of the grounds for disqualification for election into the office of a governor under sections 177 and 182 of the Nigerian Constitution (as amended).

The tribunal also declared that it had no powers to inquire into the primary election of the APC which produced Sanwo-Olu, adding that the issue was a pre-election matter which did not fall under its jurisdiction.

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

Justice Abdullahi further held that: “The second respondent has the highest number of votes, this petition is dead on arrival.

“In view of the evidence adduced before this tribunal, the grounds on which the petitioner is seeking the disqualification of the second and third respondents (Sanwo-Olu and Hamzat) lacks merit.

“Sanwo-Olu and Hamzat are eminently eligible to contest under Section 177 of the Constitution as they are members of a political party and educated up to school certificate level.

“In view of the evidence before the tribunal, I have found Governor Sanwo-Olu and his deputy, Hamzat, duly elected and I therefore declare them winners of the 18 March governorship poll.”

The Independent National Electoral Commission (INEC) had declared Sanwo-Olu the winner of the governorship election.

Sanwo-Olu had polled 762,134 votes to beat Rhodes-Vivour who scored 312,329 votes while    Jandor came a distant third with 62,449 votes. 

Eighteen-Eleven Media