The Lagos State gubernatorial race has taken a dramatic turn as Gbadebo Rhodes-Vivour, the Labour Party’s candidate, filed an appeal challenging the State Governorship Tribunal’s decision that upheld Governor Babajide Sanwoolu’s victory. The focus of this legal dispute centres on the dual allegiance of Dr. Hamzat, Sanwoolu’s running mate.
In an exclusive interview with Arise News on Wednesday, Peniela Eniayo Akintujoye, a legal practitioner and principal partner at Caritas Law and Partners, shed light on the key issues that Rhodes-Vivour has raised in the appeal. Akintujoye emphasised the primary contention, stating, “The gravamen of the issue at the tribunal was the question of the qualification of Dr. Hamzat to contest that election under Section 182 of the constitution…”
The crux of the argument revolves around the interplay between Section 182 and Section 28 of the constitution. While Section 182 seemingly disqualifies individuals with dual citizenship, the court’s literal interpretation, according to Akintujoye, has led to a perceived absurdity. The dilemma arises from the fact that the Constitution did not anticipate a scenario where a Nigerian by registration or naturalisation would stand for election as governor or president. Section 177 of the constitution already specifies that candidates for these offices must be Nigerian citizens by birth.
He further delved into the debate over the constitutional clauses, explaining, “Dr. Hamzat remains a citizen of the country as far as Section 28 of the constitution is concerned, but he has taken allegiance to another country. It’s a conflict of interest. He wants to eat his cake and have it.”
Akintujoye stressed the need to understand the intent behind Section 182, emphasising, “I believe there’s a need to seek to discover the intent behind Section 182. For me, I would think the reasoning of the drafters of the constitution, because that’s part of what we should interrogate, is that someone that is going to be the chief executive of a state must not be a person whose allegiance to the country he has renounced.”
This legal battle is poised to set a precedent for future disputes involving candidates with dual citizenship, sparking a nationwide conversation on the complexities of allegiance and eligibility in Nigerian politics. As the judiciary navigates this intricate legal terrain, the nation watches closely, awaiting the outcome that could reshape the political landscape in Lagos and beyond.
Kiki Garba.
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