Raphael Ede, Enugu
The Governorship Election Petition Tribunal sitting in Enugu has struck out the petition filed by Action People’s Party (APP), challenging the victory of Governor Ifeanyi Ugwuanyi as the winner of the March 9 governorship election.
The petitioner, APP, had on Wednesday, April 3, 2019, filed notice of withdrawal in the petition no. EPT/EN/Gov/1/2019, filed before the tribunal on March 30.
After entertaining the motion on notice, the tribunal, chaired by Justice Ibrahim Sambo, struck out the petition.
Counsel to the petitioner/applicant, Obed Agu, told the tribunal that the petitioner had resolved to discontinue with the process as filed. He prayed the tribunal to strike out the petition, pursuant to Rule 29, Rules of Procedure of Election Petitions.
“The petitioner filed a notice of withdrawal of the petition before the tribunal.
“We, therefore, seek the order of the tribunal granting leave to the petitioner/applicant to withdraw the petition in its entirety, and consequential order striking out the petition,” Agu said.
Responding, counsel to Governor Ugwuanyi and first respondent, Mrs. Justina Offiah (SAN), told the tribunal that they had entered appearance after being served with the petition.
“We concede that we were served with an application for the withdrawal and dismissal of the petition,” she said.
Offiah said they had filed and served the petitioner/applicant, an affidavit against illegal terms of withdrawal, adding that they were not opposed to the application.
The tribunal consequently dismissed and struck out the petition and awarded no cost to the respondents.
Chief Anthony Ani (SAN) represented the People’s Democratic Party (PDP), while the Independent National Electoral Commission (INEC) was represented by Mr. Humphrey Okoli.