A three-man panel of justices including; Justice Bassey Ikpeme, Justice Mohammed L. Abubakar, and Justice M.M. Odanyamade, made the order after granting an application by the APM and its candidate Olusola Taiwo Moses Babatope, to withdraw their petition.
Following Senator Abiru's landslide victory at the polls to represent the Lagos East Senatorial District in the National Assembly, the APM approached the tribunal seeking to nullify same.
The All Progressives Congress (APC) and the Independent National Election Commission (INEC) were also made parties to the petition as Respondents. Although the session that held on Tuesday was scheduled for hearing the APC and INEC’s objections to the APM and Babatope’s petition. However, the petitioners did not file any response to the respondent’s objections. Rather, APM and Babatope, having appraised the respondents’ objection to their petition, filed an application to withdraw it.
Abiru’s counsel, Mr. Kemi Pinheiro, SAN, confirmed receipt of the petitioners’ application to withdraw. Pinheiro also informed the Tribunal that under paragraph 30 of the 1st Schedule to the Electoral Act, 2010 (as Amended), Abiru had filed the affidavit required and would not be opposing the application.
Counsel representing the APC, Mr. Abiodun Owonikoko, SAN, and INEC also confirmed receipt of the petitioner’s application to withdraw.
The APM and Babatope’s application to withdraw their petition was consequently granted and the petition struck out.