The Action Peoples Party, APP, this morning , Wednesday May 10, 2023 withdrew it’s petition marked CA/PEPC / 04/23 challenging the election victory of Ahmed Bola Tinubu of the All Progressives Congress, APC, as President – Elect.
Counsel for APP, Obed Agu at the resumed sitting of the pre -hearing session by the Presidential Election Petition Court in Abuja on Wednesday informed the Court that he had filed a motion on notice on Tuesday, May 9, 2023 to withdraw the petition.
He said the application to withdraw the petition was brought in pursuant to paragraph 29 sub sections (1),(2),(3), (4) of the schedule of the prosecution of the petition , he had filed on March 19, 2023.”
The counsel , further stated that “the application is praying the Court to dismiss the petition or strike it out. having been withdrawn”
Continuing in his submission Agu said ” the grounds upon which ,” but he couldn’t conclude before he was interrupted by Chief Wole Olanipekun, SAN, counsel to the 1st respondent ( Ahmed Bola Tinubu) who said there was no need for such details
In his response, Chief Wole Olanipekun SAN said “though we were served with the application late Tuesday evening, I am so happy.”
“We commend them and more will still come and we are not asking for cost”
The Presiding Justice asked him, “are you prophesying?
Olanipekun: “Hoping, my Lords.
Lateef Fagbemi , SAN, counsel to the 2nd respondent, All Progressives Congress, APC, said on their part, they had filed response this morning because they were served with the application late yesterday.
“We are not opposing the application withdrawing the petition . Let those who have not done so, do the needful. We commend them and we are not asking for cost,” he added.
Counsel to the 3rd respondent the Independent National Electoral Commission, INEC, Abubakar Mahmoud SAN in his response, told the court they “received the application yesterday and have no objection to the petition being withdrawn and strike out.”
Consequently in a brief ruling, the Presiding Justice , Haruna Tsammani ruled that “the petition having been withdrawn and no objection from the respondents, is hereby dismissed.”
Petitioner lawyer Obed Agu told journalists after the session that he was instructed to file the petition and he was also instructed to withdraw it, adding that his clients exercise their rights.