The case the Action Peoples Party, APP, filed to overturn the declaration of Asiwaju Bola Tinubu, the Presidential Candidate of the ruling All Progressives Congress, APC, as the winner of the 2023 presidential election, was withdrawn on Wednesday.
The party decided to end further hearing on their appeal with the suit marked: CA/PEPC/02/23 during the resumed hearings before the Presidential Election appeal Court, PEPC, in Abuja.
A five-member court panel that was scheduled to hear the case was informed by the party’s attorney, Mr. Obed Agu, that the withdrawal notice, which was filed on May 9, was based on Sections 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“As well as an order striking out or dismissing the petition, same having been withdrawn,” Agu stated.
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 The petition having been withdrawn, it is hereby dismissed,” the court held.
