The Presidential Election Petition (PEPC) is taking shape as another party, the Action Peoples Party (APP) has withdrawn its suit challenging the emergence of Senator Ahmed Bola Tinubu of the All Progressive Congress (APC) as the President-elect in the 2023 Presidential election.
At the Monday sitting, Action Alliance Party (AA) announced its withdrawal from the legal battle and the court granted their leave and dismissed the suit.
As the court adjourned, it directed the parties to raise and agree on issues for determination. Ideally, today’s session is aimed at setting a procedure of engagement that will save a lot of valuable time when the real hearing begins.
Consequently, at the resumed proceeding, counsel to APP, Obed Agu, informed the court of the motion on notice dated and filed on the 9th of May, indicating the party’s intention to withdraw the suit number CA/PEPC/02/2023, pursuant to paragraph 29, subsection 1, 2, 3, 4 of the schedule election petition.
“We adopt the affidavit and other affidavits against terms of withdrawal of this application.
“We want an order of the court to grant us leave to withdraw the petition, also an order to either strike out or dismiss the petition”.
Responding, counsel to Tinubu (1st Respondent), Chief Woke Olanipeku (SAN), informed the court that they are not opposing the application for withdrawal.
”We commend the petitioner for the motion to strike out the petition and hope that more will still come.
“My lords, we are not asking for a cost”
On their parts, Counsel to APC, Lateef Fagbemi SAN, and counsel to the Independent National Electoral Commission (INEC), Abubakar Mahmoud, SAN, respectively aligned with Olanipeku and asked the court to grant the leave of the petitioner without cost.
The court on the bench ruling, granted the leave of the petitioner and dismissed the suit without cost.
“Having considered the application, we are certified that there was no collision on the part of the respondents.
‘The petition is hereby dismissed, having been withdrawn. We award no cost,” the court held.
Recall that Allied Peoples Party, APP, and Simon Nnadi are before the tribunal against President-elect Bola Tinubu and the Independent National Electoral Commission (INEC).
Counsel for the APP, Obed Agu, told the court that the tribunal may wish to concede to the claim of his petition considering the weight of evidence against Tinubu and INEC.
The APP wants the court to nullify the election of Tinubu on the ground that he was not qualified to run.
INEC’s counsel, Mahmoud Yakubu SAN, said he has applications against the APP and would love the court to hear it.
Counsels for APC and Tinubu, Wole Olanipekun and Lateef Fagbemi, said they had preliminary objections against the APP also.
After hearing them, the panel led by Justice Haruna Tsammani adjourned to May 10, advising counsels to be ready to make submissions in their respective applications.
He disclosed that after the pre-hearing session, the panel will then come up with a report, streamlining the issues for determination when the hearing begins.
Meanwhile, Olanipekun told the judges that “experience has shown over the years, that it is better that issues be submitted after submission of evidence.”
Responding to Olanipekun, the panel held that in other to save time for the court, it will consider the issues raised in the pre-hearing session, come up with its report and draw up the issues that will guide the court and parties during the hearing.
