Former Borno State Deputy Gov. Adamu Shettima Yuguda Dibal, who chaired the last governorship primary election of the All Progressives Congress (APC) in Lagos State, on Tuesday testified before Lagos State Election Petition Tribunal.
The primary election produced Mr Babajide Sanwo-Olu as the APC Governorship Candidate for the 2023 General Elections.
The Peoples Democratic Party (PDP) and its Governorship Candidate for the March 18 governorship poll are challenging Sanwo-Olu’s re-election as the state governor.
Mr Bode Olanipekun (SAN), counsel to Sanwo-Olu and his Deputy, Dr Obafemi Hamzat, led Dibal in evidence.
Dibal told the tribunal headed by Justice Arum Ashom that Lagos State Chairman of the APC, Mr Cornelius Ojelabi, did not flout any electoral regulation when he notified Lagos State Office of INEC in writing about the party’s primary election in Lagos State.
During cross-examination, Mr Clement Onwuenwunor (SAN), counsel to the PDP Governorship Candidate, Mr Abdulazeez Adediran (a.k.a. Jandor), asked the witness whether Ojelabi was the national chairman of the APC as at May 24, 2022, when he wrote the letter.
The witness replied in the negative.
The witness told the court that it was APC’s National Working Committee (NWC) that set up state committees which conducted the primary election in all the 36 states.
While being cross-examined by APC counsel, Mr Babatunde Ogala (SAN), the chieftain, after being shown the said letter which had become an exhibit before the tribunal, said that Ojelabi was only informing the INEC office that the NWC had constituted a five-member committee to conduct the primary election in Lagos State and he was the Chairman.
The witness also said he produced a report on the primary election to the national secretariat of the APC after the exercise.
The witness, while replying INEC’s counsel, Mr Adetunji Oyeyipo (SAN), said that representatives from INEC’s headquarters and its Lagos Office were present during the primary election and signed a report on its conduct.
There was no cross-examination by counsel to Labour Party and its Candidate, Mr Gbadebo Rhodes-Vivour.
The tribunal headed by Justice Arum Ashom thereafter discharged the witness, and directed the APC to open its defence on July 12.
In the petition, Adediran accused the governor of presenting a forged West African School Certificate to INEC – Independent National Electoral Commission.
Adediran also accused Hazmat of not including oath declaration in his INEC Nomination Form EC9.
He added that APC did not comply with the Electoral Act when nominating Sanwo-Olu and Hamzat.
Adediran, who emerged third in the governorship election, closed his case on July 4 after presenting oral and documentary evidence.
Lagos tribunal: APC opens defence as chieftain testifies
The All Progressives Congress (APC) presented its first witness in defence against an election petition filed by the Governorship Candidate of Labour Party (LP), Mr Gbadebo Rhodes-Vivour.
Rhodes-Vivour is challenging the state Gov. Babajide Sanwo-Olu’s victory in the March 18 governorship poll.
APC is joined in the petition as a respondent.
The other respondents in the petition are Independent National Electoral Commission (INEC), Sanwo-Olu and his Deputy, Dr Obafemi Hamzat.
A chieftain of APC in Lagos State, Mr Fouad Oki, testified for the party on Tuesday.
He was led in evidence by the party’s counsel, Mr Babatunde Ogala (SAN).
The witness tendered a downloaded document issued by the Nigeria Immigration Service, formatting the process for renunciation of Nigerian citizenship, which can only be approved by the president of the country.
Oki also tendered a newspaper publication, a series of tweets and a YouTube video downloaded in a flash drive allegedly showing LP supporters threatening to use dogs to chase out APC supporters from polling units on the election day.
Counsel to Rhodes-Vivour, Mr ldowu Benson, however, objected to the admissibility of the electronic documents as exhibits.
Benson said that he would state his reasons for objection in his final address.
The three-member tribunal headed by Justice Arum Ashom provisionally admitted the documents in evidence.
During cross-examination, the witness who said he was the Director-General of APC campaigns for the 2023 General Elections in Lagos State, said that he had never been a member of People Democratic Party or LP.
While being cross-examined by Mr Bode Olanipekun (SAN), counsel to Sanwo-Olu and Hazmat, the witness said that candidates filled the INEC Form EC9 online under the Electoral Act, 2022 and that deposition of oaths by candidates, which formed part of Form EC9, was done before a commissioner for oaths.
“On Exhibit PE 717 is the oath for the deputy governor, and the oath contains handwritten endorsement of the commissioner for oaths.
“The oaths section sworn before the commissioner for oaths is separately uploaded, whereas other parts of Form EC9 are filled online.
“It is only after candidates submit their nomination forms that their names are published by INEC.
“On that list, INEC published Sanwo-Olu and Hamzat’s names the same time Rhodes-Vivour’s name was published,” he said.
According to the witness, a person who is not a Nigerian or has renounced his citizenship could not have a Nigerian passport.
The tribunal then discharged the witness and adjourned until July 13 for further hearing.
