AA Withdraws Petition Against INEC, Tinubu
The petition filed against the Independent National Electoral Commission, INEC, and the President-elect, Asiwaju Bola Tinubu by the Action Alliance, AA, has been withdrawn.
This was made known, Monday shortly after the Presidential Election Petition Court, PEPC, kick-started its pre-hearing session.
The party through its team of lawyers led by Mr Oba Maduabuchi, SAN, applied to discontinue further proceedings in the matter. He told the court that the petitioners filed a withdrawal notice on May 3.
The five-member panel led by Justice Haruna Tsammani dismissed the petition after receiving a no-objection response from all of the respondents in the case.
On March 16, AA filed a petition with the file number CA/PEPC/01/2023, in which it specifically argued that even though Solomon Okanigbuan, its candidate, had been properly nominated to run for president, INEC had wrongfully disqualified him from the race.
According to the party, the presidential election was “invalid for non-compliance with the provisions of the Electoral Act 2022, as amended”.
It argued that Tinubu “was thus not validly elected as his election contravenes the Electoral Act, the 1999 Constitution and INEC Guidelines for the 2023 general elections.”
The petitioners informed the court that Major Hamza Al-Mustapha, who was listed as the 4th Respondent, was neither an AA member nor endorsed by the party, and that he also did not vote in the party’s presidential primary.
Speaking further, Maduabuchi demanded the withdrawal of the party’s name from the petition because the AA did not consent to be joined in the petition.
Citing the Court of Appeal Appeal judgment which according to him said, “You people are not even members of Action Alliance adding that he would not like to drag the court into the matter.
“My prayers are that upon withdrawal, the petition be dismissed adding that “I have been served by the respondents that they are not opposing.”
Responding, counsel for the respondent, Abubakar Mahmoud said, “We have no objection, my Lord.”
In a brief ruling, Justice Tsammani dismissed the petition as requested.
“The petition is hereby dismissed,” the justice concluded.
