The Action Peoples Party has withdrawn its election petition against President-elect Bola Tinubu at the presidential election petition court.
At the resumed hearing on Wednesday in Abuja, APP’s counsel, Obed Agu, told the court that he filed a motion on May 9 that his client wished to withdraw the petition.
“The petitioner/applicant wishes to withdraw the petition in line with Paragraph 29 Sub (1,2,3) of the Schedule of Election Petitions,” Mr Agu told the court. “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.”
Responding, Wole Olanipekun, Mr Tinubu’s counsel, explained to the court that he was served a copy of the application and was not opposed to it.
Mr Olanipekun commended the party for withdrawing the petition and expressed optimism that more parties would withdraw their petitions against his client.
For his part, Lateef Fagbemi, SAN, told the court that he had filed an affidavit pursuant to paragraph 30 of the first schedule to the Electoral Act 2022.
Mr Fagbemi said that in the affidavit, it was stated essentially that there was no collusion and that he was not opposing the application to withdraw the petition.
The deponent of the affidavit, Omosanya Popoola, said he knew the petitioners had indicated their intention to withdraw the petition by filing a motion on May 9.
He deposed that the APC reached no agreement or term with the petitioners in their decision to withdraw the petition.
Counsel to the Independent National Electoral Commission (INEC), Abubakar Mahmoud, also informed the court that he was served a copy of the motion.
He also said no collusion and commended the APP for withdrawing the petition, adding that his client would not ask for the cost.
In a short ruling, the presiding judge, Justice Haruna Tsammani, said the panel had carefully considered the APP’s application. He said they were satisfied that there was no collusion on the part of the respondents.
“Petition No. CA/PEPC/02/2023 is hereby dismissed,” Mr Tsammani said.
In an interview with reporters, Mr Agu said that he acted based on the instruction of his client.
(NAN)
