A preliminary objection of the All Progressives Congress asking the Lagos State Governorship Election Tribunal to dismiss the petition of the Peoples Democratic Party has been rejected.
The Tribunal rejected APC’s application for dismissal of PDP’s petition on Monday.
APC’s preliminary objection was dismissed because the petitioner did not comply with provisions of the Electoral Act about payment of security as to cost.
A member of the tribunal’s three-member panel, Justice Mikail Abdullahi, who read some preliminary motions challenging the competence of some aspects of the petition, dismissed the objection.
The Labour Party’s governorship candidate, Gbadebo Rhodes-Vivour, and the Peoples Democratic Party’s governorship candidate, Olajide Adediran, popularly known as Jandor, are challenging the victory of Sanwo-Olu at the March 18, 2023, governorship election.
The Independent National Electoral Commission had declared Sanwo-Olu of the All Progressives Congress winner of the March 18 governorship election.
Sanwo-Olu had won the election by a landslide, defeating Rhodes-Vivour of the Labour Party, who came second.
The Lagos State Governor polled 762,134 votes to beat Rhodes-Vivour, who scored 312,329 votes. Jide Adediran (Jandor) of the PDP came a distant third, polling 62,449 votes.
In the petition filed by Adediran and his party, PDP, the petitioners based the petition on two grounds, stating that the Governor of Lagos, Babajide Sanwo-Olu and his deputy, Obafemi Hamzat were at the time of election not qualified to contest.
Adediran also stated that the governorship candidate of the Labour Party, Gbadebo Rhodes-Vivour, who was declared by the first respondent INEC as having scored the second highest number of votes was, at the time of the election also not qualified to contest.
While INEC is the first respondent, Sanwo-Olu; Hamzat, APC; Rhodes-Vivour, and the LP are listed as the second, third, fourth, fifth, and sixth respondents respectively.
The PDP governorship candidate said he was calling for the disqualification of the All Progressives Congress and the Labour Party candidates in the election for “non-compliance” with the Electoral Act 2022 as well as the guidelines of INEC.
But the APC in their preliminary objection asked the Tribunal to strike out PDP’s petition, but the tribunal dismissed the objection.
Some of the Motion of the 2nd and 3rd Respondents to strike out some paragraphs of the Petition and additional statements on Oaths filed outside the 21 days provided by the electoral Act succeed in part.
Paragraphs 2,3,4,5, 6,7, 8, 9, 10, and 11 of the Petition were struck out. and the additional statement on oath that mirrors the struck-out paragraphs was also struck out.
Meanwhile, the Labour Party’s petition that its name be struck out from the PDP’s petition succeded.