The Action Peoples Party (APP) on Wednesday, withdrew its appeal asking for the 2023 presidential election results to be overturned.
The Independent National Electoral Commission (INEC) had declared Asiwaju Bola Tinubu of the All Progressives Congress (APC) the winner of the presidential election.
During proceedings at the Tribunal in Abuja, on Wednesday, the APP decided to end further hearing on their appeal with the following markings: 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.
Agu said, “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“As well as an order striking out or dismissing the petition, same having been withdrawn.”
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.
Prince Lateef Fagemi, SAN, the main attorney for the APC, who did not also object to the motion, asked those whose court-pending lawsuits challenging the results of the presidential election to imitate 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.
Equally, the Independent National Electoral Commission (INEC) did not object to the application.
The application was served on INEC‘s lawyer, Mr. A. B. Mahmood, SAN, on Tuesday, according to him.
The panel, which was presided over by Justice Haruna Tsammani, dismissed the petition after hearing from all the parties.
“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 The petition having been withdrawn, it is hereby dismissed,” the court held.