LP primary appeal dismissed for lack of locus standi

The Court of Appeal situated in Abuja has ruled to dismiss the appeal lodged by Sir Basil Maduka, the Labour Party’s candidate for the Imo governorship election. The dismissal was based on the grounds of lack of locus standi. Justice Olubunmi Oyewole, in his judgment, determined that Maduka did not possess the legal right to challenge the primary election, given that he was not an aspirant in the said election. Consequently, the court not only rejected the appeal but also levied a cost of N250,000 against the appellant. Maduka had emerged as the candidate of the Labour Party within the Julius Abure-led faction, whereas the Lamidi Apapa faction’s candidate was recognized by the Independent National Electoral Commission (INEC). Following the high court’s dismissal of his suit challenging INEC’s decision, Maduka pursued his case at the court of appeal. However, the 1st and 3rd respondents, namely the Labour Party and Ikechukwu Joseph, contested his action by filing processes that disputed the appellant’s contentions. They pointed out that the primary election of the 1st respondent occurred on April 16, 2023, as rescheduled by the national leadership of the party. Additionally, they emphasized that the appellant was not a participant in this primary election, which was won by the 3rd respondent. Justice Oyewole, while considering the arguments from both sides’ legal representatives, underlined the concept of locus standi as a prerequisite for maintaining an action in court. He stressed that the absence of such standing undermines the court’s jurisdiction to adjudicate on the matter. The judge further explained that the appellant failed to establish his participation in the primary election organized by the 1st respondent, rendering him unable to contest the election’s outcome. Consequently, he upheld the lower court’s decision that the appellant lacked the necessary locus standi to maintain the action. In conclusion, the appeal was deemed meritless and dismissed. A cost of N250,000 was ordered to be paid to the 1st and 3rd respondents by the appellant.

Tribunal reserves judgment in petitions against Sanwo-Olu’s re-election

Lagos State Election Petition Tribunal has reserved judgment in two petitions against the election of Governor Babajide Sanwo-Olu, and his deputy, Dr Obafemi Hamzat. The three-man tribunal led by Justice Arum Ashom, on Saturday, said it would communicate the date for the judgment to the parties in the petition. Ashom made this known after counsel to the parties adopted final written addresses. Gbadebo Rhodes-Vivour of the Labour Party (LP) and Abdulazeez Adeniran (a.k.a. Jandor) of the Peoples Democratic Party (PDP) is challenging the re-election of Sanwo-Olu and Hazmat of the All Progressives Congress (APC). The Independent National Electoral Commission (INEC) is the first respondent in the petition, while Sanwo-Olu and Hamzat are the second and third respondents, respectively. APC is the fourth respondent. The governorship election took place on March 18. The two petitioners were absent in court on Saturday but Hamzat was present. Sanwo-Olu’s counsel, Chief Wole Olanipekun (SAN), while adopting his final written address, asked the court to dismiss the petitions for lack of merit. He described the petitions as an academic exercise. He said that there was no reference to the second respondent in the addresses of the petitioners, adding that the addresses dwelt on the third respondent. “They have abandoned their petitions and also abandoned any issues against the second respondent.” He said that the non-qualification of the deputy governor for the election as claimed by Rhodes-Vivour had no substance. Olanipekun argued that the allegation of Hamzat’s renunciation of Nigerian citizenship and swearing an oath of allegiance to the U.S. were not sufficiently proven. Similarly, counsel to APC, Mr. Abiodun Owonikoko (SAN), submitted that the argument about Hamzat’s citizenship was not duly proven by the petitioners. Counsel to INEC, Mr. Charles Edosonwan (SAN), in adopting his final written address, asked the Tribunal to dismiss the petitions for lack of evidence. He said: “One of the issues raised by the petitioners is whether the election was conducted in substantial compliance with the Electoral Act. “We say that they have provided no scintilla of proof to show it wasn’t. “A petition erected on such an allegation was sought to be proven by 10 witnesses in a state that has 13,325 polling units. The petition is materially challenged,” he said. Mr Olatunji Benson, counsel to LP and its Governorship Candidate, Rhodes-Vivour, asked the tribunal to uphold the position of his clients that Hamzat did not qualify to contest the election. He prayed the tribunal to remove Sanwo-Olu and Hamzat from office and declare Rhodes-Vivour the Governor of Lagos State. Also adopting his final written address, counsel to PDP, Mr Clement Onwuenwunor, argued that Sanwo-Olu did not have a secondary school leaving certificate and, therefore, was not qualified to be governor.