Another Petitioner, APP Withdraws Petition against Tinubu’s Election 

Alex Enumah in Abuja

Barely 48 hours after the Action Alliance ( AA) withdrew its petition challenging the declaration of the All Progressives Congress (APC) candidate, Asiwaju Bola Tinubu, as winner of the presidential election, another party, the Action People’s Party (APP), on Wednesday, followed suit.

Five out of the 18 political parties that contested the February 25 presidential election had approached the Presidential Election Petition Court to challenge the emerge of Tinubu as President-elect. 

The petitioners, which include the AA, APP, Labour Party (LP), Allied People’s Movement (APM) and Peoples Democratic Party (PDP), had hinged their petitions on grounds ranging from non-compliance, corrupt practices and other malpractices.

While some of them claimed they won the poll and should be declared winner by the court, others are seeking for cancellation of the poll and a fresh one conducted.

At the inaugural sitting of the court on Monday, the AA, which had hinged its petition on ground of exclusion, however withdrew its petition and was subsequently dismissed by the court.

Although the court after hearing the case of the APP on Monday ordered the petitioner to harmonize its processes with that of the respondents to enable a smooth proceedings on the next adjourned date, but surprisingly when the matter was called Wednesday, the counsel to the APP, Mr. Obed Agu, informed the court of their motion on notice dated May 9, 2023, seeking the withdrawal of the petition it filed against Tinubu’s election.

The motion, the lawyer, said was brought pursuant to paragraph 29(1)(2)(3)(4) of the schedule for election petition.

While praying the court to grant it leave to withdraw its petition numbered: CA/PEPC/02/2023, he urged for an order striking it out, having been withdrawn.

The counsel to the respondents, Chief Wole Olanipekun (SAN) for Tinubu, Lateef Fagbemi (SAN) for the APC and Abubakar Mahmoud (SAN) for the Independent National Electoral Commission (INEC) did not object to the application for the withdrawal of the petition, neither did they ask for cost.

In a short ruling, the presiding justice,  Justice Haruna Tsammani, granted the prayers of the APP and accordingly dismissed the petition.

“Having considered the application and response of the respondents, we are satisfied that there was no collision on the part of the respondents, the petition numbered, CA/PEPC/02/2023 is hereby dismissed, having been withdrawn,” Justice Tsammani said.

APP, which has Hon Osita Charles Nnadi and Hon Isah Hamisu Kero Dandume as its validly nominated presidential and vice-presidential candidates, joined Tinubu, APC and INEC as respondents.

In its petition, the party claimed that Tinubu’s election was invalid by reason of corrupt practices, vote buying, over voting, falsification/alterations and mutilation of election results, among others, which irregularities substantially affected the outcome of the election, such that Tinubu was not entitled to be returned elected as the president-elect.

The party and its presidential candidate claimed that Tinubu was not qualified to stand for the said election having knowingly supplied false information to INEC in his nomination form, which thereby disqualified him from the election.

They also state that the election and declaration of results made by INEC was invalid by reason of non-compliance with the Electoral Act, 2022.

APP, which scored 12,839 votes in the election, said Tinubu knowingly submitted to INEC in his form CF001 stating on oath that he was born in 1952 whereas all his educational documents show otherwise.

It also alleged that the president elect does not meet the educational qualification for election into the office of the president as at the time of his election and that Tinubu did not score the majority of lawful votes cast at the election, adding that the votes of 8,796,726 ascribed to him was a result of corrupt practices, vote buying, over voting, falsification/alteration and mutilation of results.

They prayed the court to hold that the declaration of Tinubu as the winner of the election is invalid, null and void.