The Presidential Election Petition Court (PEPC), under the leadership of Justice Haruna Tsammani, has ruled to dismiss the petition filed by the Action Peoples Party (APP). The petition challenged the declaration of Bola Tinubu, representing the All Progressives Congress (APC), as the winner of the February 25 presidential election.
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This marks the second instance in which petitions have been dismissed by the court since the commencement of its proceedings on Monday. The first of these was the petition brought forth by the Action Alliance (AA), under the leadership of Adekunle Rufai Omoaje.
At the onset of the proceedings on Wednesday, counsel for APP, Obed Agu, apprised the court that his client had submitted a motion on notice dated March 9, 2023, requesting the retraction of its petition.
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According to Agu, the motion has been filed in accordance with paragraph 29(1)(2)(3)(4) of the schedule for election petition. The petition included the Independent National Electoral Commission (INEC), Tinubu, and the APC as respondents.
Obed stated that his motion requests the court to grant the petitioner permission to withdraw their petition numbered CA/PEPC/02/2023, and to issue an order striking out the petition upon its withdrawal.
The legal representatives for the respondents, namely Wole Olanipekun (SAN) for Tinubu, Lateef Fagbemi (SAN) for the APC, and Abubakar Mahmoud (SAN) for INEC, did not raise any objections to the petitioner’s motion to withdraw.
In regards to the aforementioned application, Justice Tsammani has ruled that after careful consideration of both the application and response of the respondents, it has been determined that there was no collision on the part of the respondents. As a result, petition number CA/PEPC/02/2023 has been dismissed as it has been withdrawn.
