By Onozure Dania
THE National Assembly and State House of Assembly Election Tribunal sitting in Ikeja, Tuesday, struck out a petition by Allied Peoples’ Movement, APM, challenging the December 5, 2020 election victory of Senator Adetokunbo Abiru.
The three-man panel struck out the petition while granting an application by APM and its candidate, Olusola Babatope to withdraw the petition.
The panel is chaired by Justice Bassey Ikpeme with Justice Mohammed Abubakar and Justice M. Odanya as members of the team.
Abiru, following his victory at the poll, represents Lagos East’s senatorial district in the National Assembly.
But, dissatisfied with the election outcome, the APM approached the tribunal seeking to nullify it.
Other defendants in the petition were All Progressives Congress, APC, and Independent National Election Commission, INEC.
Tuesday’s session was scheduled for hearing of the APC and INEC’s objections to APM and Babatope’s petition.
But the petitioners did not file any response to the respondent’s objections.
Rather, APM and Babatope, having appraised the respondents’ defence to their petition, filed an application seeking to withdraw it.
Abiru’s counsel, Mr. Kemi Pinheiro, SAN, confirmed receipt of the petitioners’ application to withdraw.
Pinheiro informed the Tribunal that under paragraph 30 of the First Schedule to the Electoral Act, 2010 (as Amended), Abiru had filed the affidavit required and would not be opposed to the application.
The APC’s counsel, Mr Abiodun Owonikoko, SAN, and INEC also confirmed receipt of the petitioner’s application to withdraw.
Consequently, the APM and Babatope’s application to withdraw their petition was heard, granted and the tribunal struck it out.