When the petition was called on Tuesday, counsel to the APP, Mr. Obed Agu informed the court of the party’s motion on notice dated March 9, 2023, seeking the withdrawal of the petition is filed against Tinubu’s election.
According to Agu, the motion on notice was brought pursuant to paragraph 29(1)(2)(3)(4) of the schedule for election petition.
The petitioner, he said, prays the court to grant it leave to withdraw its petition numbered, CA/PEPC/02/2023 as well as an order striking out the petition, having been withdrawn.
Counsel to the respondents, Chief Wole Olanipekun (SAN) for Tinubu, Lateef Fagbemi (SAN) for the APC and Abubakar Mahmoud (SAN) for the Independent National Electoral Commission (INEC) did not object to the application for the withdrawal of the petition, neither did they ask for cost.
Ruling on the application, Justice Haruna Tsammani, heading the five-member panel of Justices of the court 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no collision on the part of the respondents, the petition numbered, CA/PEPC/02/2023 is hereby dismissed, having been withdrawn”.
APP which has Hon Osita Charles Nnadi and Hon Isah Hamisu Kero Dandume as its validly nominated presidential and vice presidential candidates, joined Tinubu, APC and INEC as respondents.
In its petition, the party claimed that Tinubu’s election was invalid by reason of corrupt practices, vote buying, over voting, falsification/alterations and mutilation of election results, among others, which irregularities substantially affected the outcome of the election, such that Tinubu was not entitled to be returned elected as the president elect.
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