October 23, (THEWILL) – The Supreme Court, on Monday, dismissed an appeal by the Allied Peoples Movement (APM), seeking to void the election of President Bola Tinubu and Vice President Kashim Shettima, in the February 25 Presidential Election.
A seven-member panel of Justices, led by John Inyang Okoro, dismissed the appeal after Chukwuma Umeh, APM counsel, applied to withdraw the suit.
The APM had in its appeal, prayed the Supreme Court to hold that the Presidential Election Petition Court (PEPC), misconceived the material facts before it, when it struck out its undefended petition against Tinubu’s victory.
The party prayed the apex court to hold that the withdrawal of Kabiru Masari from the race by operation of law amounted to automatic withdrawal and invalidation of the candidate of Bola Ahmed Tinubu as the presidential candidate of All Progressive Congress in the February 25 presidential election.
According to APM, “The grounds upon which its petition was predicated is that the 3rd respondent (Tinubu) was at the time of the election (February 25 2023) not qualified to contest the election in line with Section 134 (1)(a) of the electoral Act, 2022″.
The party said it clearly stated in its paragraph 16 and 17 of the petition that it was against 3rd and 4th respondents (Tinubu and Shettima) respectively and grounded on the provisions of Section 131 and 142 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Section 35 of the Electoral Act, 2022.
However, effort by Machukwu Ume, to move the appeal at the apex court on Monday, was rejected by the panel.
The presiding Justice, Inyang Okoro, insisted that the appeal be withdrawn since the issue had been decided.
“We have read your appeal and issues raised. You are not asking us to make your candidate the President if the your appeal succeeds.
“You just want to state the law and go home, without benefit. We have other appeals that are substantial and withdrawing this appeal will help reduce the workload on us.
“We have read the appeal and are unanimous that it’s a none issue, having been pronounced upon by this court”, Justice Okoro said.
Left with no option, the APM counsel hesitantly accepted withdrawal of the appeal.
All the Respondents did not oppose the withdrawal and did not ask for cost.
Accordingly, the panel dismissed the APM appeal, same having been withdrawn
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