Lagos AD Governorship Candidate Loses Bid To Stop Sanwo-Olu Swearing-in
Attempt by the defeated Governorship Candidate of the Alliance for Democracy (AD) in Lagos State, Chief Owolabi Salis to stop the swearing-in of Babajide Sanwo-Olu, as the Governor of the state has failed.
The Lagos State Governorship Election Petition Tribunal on Tuesday dismissed Salis’ preliminary application, seek to stop Sanwo-Olu’s inauguration today on the ground that it lacks merit.
The Chairman of the tribunal, Justice T. T Asua who read the unanimous ruling of the three man panel held that restraining Sanwo-Olu from being sworn-in as Governor will lead to a chaotic situation in the state.
He stated, “The main purpose of an interlocutory injunction as rightly argued by the respondents is to preserve the ‘res’ that is the subject matter of the case.
“In this case, the petitioners have failed to show via their affidavit evidence that the res which is the governorship seat of Lagos State is in danger of being destroyed and has to be preserved by the issuance of the restraining order sought.
“An injunction is only issued to restrain a threatened wrong and not to restrain the performance of a legal right,” he said.
“To crown it all, restraining the second defendant from being sworn-in as governor of Lagos State when the tenure of the incumbent expires on the 29th of May 2019 creates a vacuum in the governance of Lagos State.
“This throws spanners in the works, causing confusion and leaving the entire Lagos State at the mercy of the first petitioner’s (AD) personal ambition to govern the state.
“Such an ugly scenario shall not be allowed by this Tribunal. In a final analysis, we hold that this application lacks merit and is hereby dismissed,” Justice Asua held.
AD and Salis had on April 25 filed a Petition numbered EPT/LAG/GOV/2/2019 which sought to halt Sanwo-Olu’s swearing-in on the grounds that he has a criminal record in the United States and is of unsound mind.
The respondents to the Petition are: the Independent National Electoral Commission (INEC), Sanwo-Olu, All Progressives Congress (APC) and the INEC Residential Electoral Commissioner in Lagos.
Other respondents are: The Returning Officer for The Lagos State Governorship Election, the Commissioner of Police and the Nigerian Army.
The Candidate and his party claimed in the Petition that, “The second respondent (Sanwo-Olu) is a person adjudged to be of unsound mind and who is not capable to be sworn in as the Governor of Lagos state.
“Sanwo-Olu has records of unsound mind and rehabilitation with the Gbagada General Hospital Lagos state.
“By virtue of section 182(1)(c) of the 1999 constitution as (amended), the second respondent is a person not qualified to be sworn-in as a Governor.
“Mr Akinwunmi Ambode, the present Governor of Lagos state and who is the chief security officer of the state attested to the fact in Punch Newspapers of Monday Oct. 1,2018, that Sanwo-Olu is of unsound mind and not fit and proper to govern Lagos State.
“Governor Ambode equally stated that Sanwo-Olu was arrested and detained for several months and was convicted for spending fake dollars at a night club in America,” they claimed.
Salis and AD are thereby seeking an Order restraining the Chief Judge of Lagos from swearing-in Sanwo-Olu as the
Executive Governor of Lagos State.
They had also asked the Tribunal for an Order restraining the Chief Judge of Lagos State in the interim from swearing-in Sanwo-Olu as the Executive Governor of Lagos state pending the determination of the Petition at the Tribunal.
