The Peoples Democratic Party (PDP), has withdrawn its
petition before the Bayelsa Governorship Election Petition Tribunal sitting in
Abuja against the Independent National Electoral Commission ( INEC) and the All
Progressives Congress (APC)
The PDP had before the Supreme Court’s verdict challenged
the emergence of Mr David Lyon of the APC as the duly elected governor in
November 2019 governorship election
But in a twist on Feb. 13, the Supreme Court overturned the
election of Lyon as the governor-elect and disqualified the APC’s deputy
governorship candidate, Biobarakum Degi-Eremienyo, as a candidate in the
election.
At the resumed sitting on Tuesday, counsel to the
petitioner, John Okoriko informed the three-man panel headed by Justice
Muhammad Sirajo that he had an application before the tribunal dated and filed
Feb 18
In the application, the counsel prayed for an order granting
the petitioner leave to withdraw the petition against the respondents in view
of the Supreme Court’s judgment of Feb. 13 which declared the petitioner and
its candidate Sen. Douye Diri as the winner of the Nov.16 governorship
election.
The application also urged the tribunal to deem the
application as properly filed and adopt same for the interest of peace and
justice for Bayelsa.
The application in addition prayed the tribunal to make
additional orders as deemed fit in the circumstances.
Sirajo in response however said the petitioner could not
seek to withdraw its application in the interest of peace and justice, but on
the ground that the petition was incompetent based on the present turn of
event.
Ibrahim Bawa, counsel to INEC on his part said he had no
objection to the application, he however pointed out some observations.
Bawa said one of the observations was the petitioner’s
counsel failure to comply with Rule 20, paragraph 29 (4) of the election rules
which stated that there must be a signed affidavit by the petitioner himself
attached to the application.
Counsel to APC, P. Abah equally said in pursuant to Supreme
Court’s judgment, he had no objection to the petitioner withdrawing its
petition.
Sirajo therefore said ” We have noted your observations and
in the absence of no objection, the application is granted. The petition is
hereby struck out”.
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