Substituted service of GRV’s petition on Sanwo-Olu is permitted by the Lagos Tribunal

Rhodes-Vivour had contested the results of the March 18 gubernatorial election, in which Sanwo-Olu had been proclaimed the victor by INEC.

The Labour Party’s Gbadebo Rhodes-Vivour, who was running for governor of Lagos State, received approval from the Ikeja-based Lagos State Governorship Election Petition Tribunal on an ex-parte application for substituted service of his petition on Babajide Sanwo-Olu.

In the appeal, which was submitted on April 9th, Rhodes-Vivour contested the results of the March 18 governorship election, in which Sanwo-Olu was proclaimed the victor by the Independent National Electoral Commission (INEC).

Sanwo-Olu has been avoiding being served with the petition by the bailiff, Rhodes-Vivour said at Monday’s tribunal session through his attorney, Mr. Olagbade Benson.

When the court representative arrived to Governor Sanwo-office Olu’s to serve him, according to Benson, he refused to accept the paper from the bailiff.

The panel subsequently ruled that service on the Governor and his deputy must be made at Lagos House in Marina, the respondent’s official home, using a DHL courier service firm or any other reputable courier service business.

Rhodes-Vivour, the lone petitioner, claims that Sanwo-Olu was wrongfully returned because the election was tainted by significant non-compliance with the mandatory statutory requirements and irregularities that adversely significantly affected the elections in some polling wards, wards, and local government areas. The petition is 271 pages long and was submitted to the Tribunal on April 9.

The petitioner added that the integrity of the Lagos Governorship elections on March 18, 2023, is irreparably compromised by INEC’s failure to adhere to the mandatory provisions of the Electoral Act 2020, the Manual of Election Officials 2023, and the Regulations and Guidelines for the conduct of Elections 2022.

Rhodes-Vivour outlined three reasons for his petition. He said Sanwo-Olu lacked the qualifications to run in the election, was not legitimately chosen with a majority of the legal votes cast, and the election was unconstitutional due to fraud or other violations of the Election Act of 2022 and the Constitution.

According to evidence presented in support of his petition, GRV also claims that Deputy Governor Obafemi Hamzat allowed himself to be nominated as the deputy governorship candidate in violation of the Electoral Act 2020 while still being a citizen of the USA and by renunciating his allegiance to Nigeria.

The petitioner argues that because both persons were found ineligible, all votes voted for them and the APC were wasted, and as the candidate with the second-highest number of valid votes cast, he should be considered the winner of the election.

At the hearing of the petition, Rhodes-Vivour says he will also argue that the presiding officer was mandated to use the BVAS to upload a scanned copy of the form EC8A to the INEC IREV’s portal in real-time and to electronically transmit the results from each polling place directly to the INEC collation system.

He said that because there were over 151 results that had been mutilated and significantly altered in contravention of INEC’s rules under the Electoral Act, doing nothing left possibility for manipulation of the results by INEC personnel.

The petitioner further claimed that INEC officials conspired with the governor, his deputy, and the APC in places like Alimosho, Ikorodu, Mushin, Surulere, Amuwo-Odofin, Apapa, Lagos Mainland, Lagos Island, Lekki, etc. to illegally suppress the results by physically abusing the governor’s supporters and preventing them from voting.

He claims that the APC and its candidates also used evil tactics, such as Oniru of Iru land performing “Oro,” to keep female and non-Yoruba voters from exercising their right to vote.

The LP candidate claims he will rely on videos, pertinent INEC forms, the testimony of experts including forensic examiners, statisticians, data analysts/researchers, information technologists, computer analysts, and many other people and documents in support of his petition. The candidate has a long list of specific locations detailing incidents of voter threats, suppression, disenfranchisement, violence, and irregularities.

Olumide Ayeni, a Senior Advocate of Nigeria, is the one representing Rhodes-Vivour on the list of more than 20 attorneys.