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Tribunal Strikes Out Action Alliance’s Petition Challenging Tinubu’s Victory

Tribunal Strikes Out Action Alliance’s Petition Challenging Tinubu’s Victory
May 8, 2023

The Action Alliance (AA) earlier withdrew its petition at the Presidential Election Petition Court sitting in Abuja, prompting the dismissal.

 

The Presidential Election Petitions Tribunal sitting in Abuja on Monday, struck out the petition by the Action Alliance (AA) challenging the declaration of Bola Tinubu of the All Progressives Congress as the winner of the February 25 presidential election.

The Action Alliance (AA) earlier withdrew its petition at the Presidential Election Petition Court sitting in Abuja, prompting the dismissal.

No reason was given for the withdrawal.

SaharaReporters had reported that INEC declared Tinubu of the ruling APC as the winner of the February 25 presidential election after polling a total of 8,794,726 votes. Atiku Abubakar of the Peoples Democratic Party came second with 6,984,520 votes, and Peter Obi was third with 6,101,533 votes.

The petition was filed by Solomon Okanigbuan on behalf of the party.

Other respondents in the petition marked CA/PEPC/01/2023, are the Independent National Electoral Commission, and Hamza Al-Mustapha.

Prince Lateef Fagbemi SAN, represented the 2nd respondent (APC); Chief Wole Olanipekun SAN stood for Bola Tinubu, just as Mohammed Sani announced legal representation for Hamza Al-Mustapha.

Counsel for the petitioner told the court that the motion "is seeking an order of Court withdrawing the petition in its entirety".

Meanwhile, he had challenged his exclusion from the election, arguing that Al-Mustapha who INEC fielded as the party's presidential candidate was not a candidate.

Consequently, the five-member panel led by Justices Haruna Simon Tsammani with Stephen Adah, Bolaji Yusuf, Moses Ugo and Abba Mohammed as members dismissed the petition.

They held that the dismissal of the petition was in line with the provisions of the Electoral Act.

He told the panel of PEPC of his motion on notice dated May 3 and filed on the same day

"I have been served processes by the respondents indicating that they are not opposing the application," Maduabuchi said.

All the respondents confirmed to the court that they did not oppose the motion for the withdrawal of the petition.

Consequently, the Chairman of the PEPC, Justice Haruna Tsammani held that the petition filed on March 16, has been dismissed, having been withdrawn.

There are now four petitions left out in the proceedings.