The Kogi State Governorship Election Petition Tribunal, sitting in Abuja, on Tuesday dismissed the petition filed by the Action Peoples Party, APP, against the victory of Gov. Ahmed Ododo of the All Progressives Congress, APC, in the state’s November 11 governorship poll.
The three-member panel, chaired by Justice Ado Birnin-Kudu, trashed the petition following its withdrawal by counsel for APP, Daniel Edeachi.
The application demanding the withdrawal of the petition was not opposed by Ibrahim Muhammed, DC Denwigwe, and Kanu Agabi, respectively, counsels to Governor Ododo, APC and the Independent National Electoral Commission, INEC.
The tribunal, in a ruling upon review of the affidavit of no objection filed by the lawyers of the respondents, consequently, struck out the APP petition.
The APP, in the petition numbered EPR/KG/GOV/02/2023, filed on December 1, 2023, before the tribunal, challenged the declaration of Ododo as the validly elected governor of Kogi in the November 11, 2023, governorship poll conducted by INEC.
The party had sued Ododo, APC and INEC as 1st to 3rd respondents, respectively.
However, in its motion on notice dated and filed on February 15, the party sought two orders, namely an order granting leave to the petitioner/applicant to withdraw Petition No. EPT/KG/GOV/01/2023 and an order striking out or dismissing the petition, having been withdrawn by the petitioner.
In an eight-ground argument, APP said though it filed the petition to challenge Ododo’s victory, the party said upon re-evaluation of the grounds and facts of the petition, it is “not reasonably convinced about the sustainability of the grounds of the petition” as presently constituted before the honourable tribunal.
“The petitioner or its officers have not connived nor colluded with any party or person for the withdrawal of this petition but based on the overriding interest of justice,” APP said.
