The tribunal, chaired by Justice I. M. Sambo, struck out the petition after entertaining a motion on notice for the withdrawal of the petition. Counsel to the petitioner/applicant, Mr 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. In her submission, Mrs A.J. Offiah (SAN), counsel to the governor and first respondent, said 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 that 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. The News Agency of Nigeria (NAN) reports that other counsels present during the sitting are counsels to Peoples Democratic Party (PDP) and Independent National Electoral Commission (INEC) Chief A. I. Ani and Mr Humphrey Okoli respectively.]]>
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The Electronic Law reports of the Court of Appeal Nigeria.
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A Report Of The Judgement Of The 16 Divisions Of The Court Of Appeal In Nigeria