In a significant development, the Lagos State Governorship Election Petition Tribunal rejected an application filed by Gbadebo Rhodes-Vivour, the Labour Party’s governorship candidate, seeking the consolidation of his petition with that of the Peoples Democratic Party (PDP) and its candidate, Olajide Adediran, popularly known as Jandor. Presided over by Justice Arum Ashom, the Tribunal also dismissed another application by Rhodes-Vivour for leave to call additional witnesses, citing the expiration of the stipulated time for petitioners to amend their petitions.
Justice Ashom, along with Justices Mikail Abdullahi and Igho Braimoh, explained that the consolidation application failed because the parties involved in the two petitions were different, and the grounds and reliefs sought by the petitioners were distinct. Furthermore, the application for additional witnesses lacked merit as the names of the witnesses were not included in the original list filed with the petition, violating the requirements of Section 285(5) of the 1999 Constitution.
The Tribunal emphasized that the petitioner did not file an application for an extension of time to submit the list of additional witnesses within the stipulated period, resulting in foreclosure. Gbadebo Rhodes-Vivour’s counsel, Olagbade Benson, had argued for consolidation, highlighting the common origin of the petitions. However, Norrison Quakers, the counsel to the All Progressives Congress (APC), contended that the petition to be consolidated should have been attached as an exhibit to Rhodes-Vivour’s petition.
The Independent National Electoral Commission (INEC)’s counsel also urged the tribunal to dismiss the application, asserting that it was a tactical amendment beyond the permitted amendment period. Additionally, the absence of the date when the petitioner’s written statement on oath was filed was deemed a fundamental error.