Tribunal Strikes Out Rhodes-Vivour, LP From Jandor’s Petition Over Lagos Gov Election
Jandor is challenging the return of Babajide SanwoOlu and Obafemi Hamzat in the March 18 governorship election in Lagos State.
Shortly after the announcement of appearances by all lawyers and parties in the case at Monday’s proceeding, the Chairman of the Tribunal, Justice Arum Ashom, announced that the court would first deliver judgment in the case of the PDP & its Candidate before giving its decision in the petition of the governorship candidate of the Labour Party, Gbadebo Rhodes-Vivour.
Justice Ashom also yielded the floor to his brother judge, Justice Mikail Abdullahi, to read the judgment on behalf of the panel.
The third judge on the panel is Justice Igho Braimoh. In its judgment read by Justice Abdullahi, the Tribunal first dwelt on the preliminary objections filed by the parties.
The first objection is whether the 3rd Respondent, the Deputy Governor of Lagos, Obafemi Hamzat, is a separate and distinct candidate from the 2nd Respondent, Babajide Sanwo-Olu. The Tribunal was also asked to determine whether the deputy governor could be listed as a respondent in the petition. The Tribunal noted that this issue has been decided in several cases and held that a deputy governor and governor are not separate candidates and are not required to pay a separate security deposit. In the second objection, the Tribunal was asked to decide whether a person who lost an election could be joined as a respondent in an election petition.
Jandor had joined the Candidate of the Labour Party, Rhodes-Vivour, as a respondent in his petition. Citing a list of decided cases, the Tribunal agreed that a petition would be filed between the winner and loser of an election, not between two lost persons.
The Tribunal, therefore, upheld the preliminary objection and subsequently struck out the name of the 5th Respondent, Rhodes-Vivour, from the petition filed by Jandor. The Tribunal also expunged from its records all exhibits tendered in evidence by Rhodes-Vivour in the petition filed by Jandor.
The Tribunal held that Rhodes-Vivour cannot subsequently go on to challenge any part of the judgment of the Jandor’s petition, or he becomes a meddlesome interloper.
Similarly, the Tribunal held that the 6th Respondent, the Labour Party, ought not to have made a respondent in Jandor & the PDP’s petition. The name of the party was subsequently struck out for being improperly joined. All evidence and exhibits concerning the party were also expunged from the Tribunal’s records.
The Tribunal disagreed with the objections made by the APC & its Candidate that the Mis joinder of the LP & its Candidate was grounds for striking out the petition.
The Tribunal held, “That the 5th & 6th Respondent ought not to have been made respondents to the petition cannot rob the Tribunal of the jurisdiction to hear the parties. The question of misjoinder cannot lead to a striking out of the petition as the proper order to make is to strike out the names of the parties”.
“Already the name of the 5th respondent has been struck out, and the 6th respondent who is improperly joined is also ordered to be struck out”.
Hearing of the judgment is still underway as of the time of filing this report.
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