The Action People’s Party’s appeal, which contested Bola Tinubu’s election as president in the February 25 presidential elections, was rejected by the Presidential Election appeal Court.
After the party withdrew the petition with the file number CA/PEPC/02/2023, the court dismissed it.
After the parties adopted their responses on Monday, the PEPC postponed until Wednesday the pre-hearing of the petition filed by the party against the respondents, Tinubu, the All Progressive Congress, and the Independent Electoral Commission.
The party informed the court of its decision to withdraw the petition “brought under paragraph 29 (1,2,3,4) of schedule of election petition…seeking leave to withdraw the petition marked CA/PEPC/02/2023” when the hearing was resumed on Wednesday.
Wole Olanipekun, who represented Tinubu, M.O. Fagbemi, who represented the APC, and A.B. Mahmoud, who represented the electoral commission, as counsel for the respondents, did not object to the withdrawal.
“We are not opposing the petition…we are not asking for a cost.”
Responding, Fagbemi said, ”ye shall know the truth and the truth shall set you free. We are not opposing…Let those who have not done the needful do so, the flight is moving.”
Similarly, Mahmoud said, “We do not oppose it. We have no objection to the petition being withdrawn and struck out.”
The petition was withdrawn, and the respondents made no objections, thus the court dismissed it.
“Having carefully considered the application, we are satisfied that there is no collision on the part of the respondents,” Justice Haruna Tsammani, the PEPC’s presiding judge, stated in the brief order. “The petition numbered CA/PEPC/02/2023 is hereby dismissed having been withdrawn.”