A petition by the Action Peoples Party (APP), challenging the declaration of Bola Tinubu of the All Progressives Congress (APC) as the winner of the February 25 presidential election has been dismissed.
It was dismissed by the Justice Haruna Tsammani-led five-member panel of the Presidential Election Petition Court (PEPC).
Recall that the court had dismissed a similar petition from the Action Alliance (AA), led by Adekunle Rufai Omoaje.
At the commencement of proceedings on Wednesday, APP’s lawyer, Obed Agu informed the court that his client has filed a motion on notice dated March 9, 2023, seeking the withdrawal of its petition.
According to Agu, the motion was filed pursuant to paragraph 29(1)(2)(3)(4) of the schedule for election petition. The petition had the Independent National Electoral Commission (INEC), Tinubu, and the APC as respondents
Obed added that his motion was praying the court to grant the petitioner leave to withdraw its petition numbered, CA/PEPC/02/2023 as well as an order striking out the petition upon its withdrawal.
Lawyers to the respondents – Wole Olanipekun (SAN) for Tinubu, Lateef Fagbemi (SAN) for the APC, and Abubakar Mahmoud (SAN) for INEC – did not object to the petitioner’s motion to withdraw.
Ruling on the application, Justice Tsammani said: “Having considered the application and response of the respondents, we are satisfied that there was no collision on the part of the respondents, the petition numbered, CA/PEPC/02/2023 is hereby dismissed, having been withdrawn.”
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