The Action Peoples Party, (APP) earlier today, withdrew its election petition against Sen. Bola Tinubu.
At the resumed hearing of the matter at the Presidential Election Petition Court, Mr. Obed Agu, counsel to APP, said his client desired to withdraw the petition
Background
In APP’s petition earlier filed, the party challenged the declaration of Tinubu as the winner of the Feb. 25 Presidential Election by INEC.
The party said it was challenging the election on the grounds that Tinubu was not qualified to contest the election in the first place and based on irregularities.
This is the second political party to withdraw its petition against Tinubu and the after the Action Alliance, (AA) withdrew its petition on Monday.
The People’s Democratic Party, (PDP) and it’s Presidential Candidate, Atiku Abubakar, the Labour Party’s Mr. Peter Obi, and Allied Peoples Movement, (APM) are still before the court on similar issues.
While speaking in court Agu said “I filed a motion on notice on behalf of my client on May 9 and we desire to move the motion.
“The petitioner/applicant wishes to withdraw the petition in line with Paragraph 29 Sub (1,2,3) of the Schedule of Election Petitions.
“The petitioner is asking for an order of the court to grant it leave to withdraw the petition and an order of court striking out or dismissing the petition.”
Mr Wole Olanipekun, SAN, counsel to Tinubu while responding, told the court that he was served a copy of the application and was not opposed to it.
Olanipekun expressed optimism that more parties would withdraw their petitions against his client and commended the party for withdrawing the petition.
For his part, Mr. Lateef Fagbemi, SAN, noted that he had filed an affidavit pursuant to Paragraph 30 of the First Schedule to the Electoral Act 2022.
Fagbemi stated that in the affidavit, it was specified fundamentally that there was no collusion and that he was not conflicting with the application to withdraw the petition.
Mr. Omosanya Popoola, the deponent of the affidavit, said he knew that the petitioners showed intention to withdraw the petition by filing a motion to that effect on May 9.
He averred that in their decision to withdraw the petition, no agreement or term was reached by the APC with the petitioners.
“I know as a fact that no agreement or terms of any kind whatsoever were entered into with the petitioners and based on the above information, I sincerely believe that the petitioners were not influenced by anybody to withdraw this petition.”
Mr Abubakar Mahmoud, SAN, Counsel to the Independent National Electoral Commission, (INEC) also said that was served a copy of the motion.
He commended the APP for withdrawing the petition, adding that there was no collusion.
He said that his client would not ask for the cost.
Justice Haruna Tsammani, the presiding judge in a brief ruling, said that the panel carefully considered the application of the APP.
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He maintained they were satisfied that there was no collusion on the part of the respondents.
“Petition No. CA/PEPC/02/2023 is hereby dismissed,” Tsammani said.
Agu, while speaking to the press said that he acted based on the instruction of his client.
