2023 GOVERNORSHIP AND
STATE HOUSE OF ASSEMBLY ELECTIONS
APP withdraws petition against Tinubu, APC, INEC
The Action Peoples Party, APP, on Wednesday, withdrew the petition it filed to nullify the declaration of Asiwaju Bola Tinubu of the ruling All Progressives Congress, APC, as winner of the 2023 presidential election.
The party, at the resumed proceedings before the Presidential Election Petition Court, PEPC, sitting in Abuja, announced its decision to terminate further hearing on its petition marked: CA/PEPC/02/23.
Counsel to the party, Mr. Obed Agu, told a five-member panel of the court that was set to hear the matter, that the withdrawal notice, which was filed on May 9, was predicated on Paragraph 29(1)(2) and (3) of the Schedule for Election Petitions.
“My Lords, we are seeking an order of this court for leave to withdraw this petition filed on March 19.
“As well as an order striking out or dismissing the petition, same having been withdrawn,” Agu stated.
Counsel to the APP says the withdrawal of the petition against Tinubu is based on his client’s instruction.
On his part, the President-elect, Tinubu, through his lead counsel, Chief Wole Olanipenkun, SAN, said he was not opposed to APP’s application to withdraw the petition.
“We want to commend them, with the hope that more will still come. My Lords, we are not asking for cost,” Olanipenkun, SAN, added.
Similarly, lead counsel for the APC, Prince Lateef Fagemi, SAN, who did not also oppose the application, urged those whose petitions against the outcome of the presidential election are still pending before the court to emulate the APP.
He said: “We commend the petitioners for doing the right thing. Let those who have not done so, do so immediately.
“The flight is moving. We want to let them know that we commend them and we are not asking for cost,” Fagbemi, SAN, added.
The Independent National Electoral Commission, INEC, equally did not oppose the application.
INEC’s lawyer, Mr. A. B. Mahmood, SAN, said the application was served on him on Tuesday.
After it had listened to all the parties, the Justice Haruna Tsammani led panel dismissed the petition.
“Having listened to all the parties, we are satisfied that there is no collusion. The petition having been withdrawn, it is hereby dismissed,” the court held.
The APP had among other things, alleged that results of the presidential election was manipulated to favour Tinubu in 11 states of the federation.
It alleged that the President-elect “corruptly induced” electoral officers to falsify results at local government and state collation centres in Rivers and 10 other states.
It will be recalled that another political party, the Action Alliance, AA, also withdrew its own petition last Monday.
Both APP and AA failed to adduce any reason behind their sudden decisions to terminate further proceedings on the case they brought against Tinubu’s election victory.
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