Lagos tribunal strikes out petition challenging Faleke’s victory
An Election Petition Tribunal sitting in Ikeja, Lagos has truck out an application challenging the victory of a member of House of Representative, Honourable James Abiodun Faleke, representing Ikeja Federal Constituency at the last general election.
The tribunal headed by Justice Kunaza M. Hamidu, struck out the application, following a motion filed by the candidate of the People’s Democratic Party (PDP), Mutiu Olakunle Okunola who contested House of Representative election with Faleke on February 23, 2019.
The petitioner had dragged Faleke alongside his party, APC and INEC before the tribunal for reversal of Faleke’s victory and asked the tribunal to declare him as the winner of election. The petitioner who was said to have recently defected to APC filed an application through his counsel, Owoyemi Ibrahim, informed the panel that his client has decided to withdraw the application (petition) against all the respondents.
In a motion filed pursuant to section 145(1) of the Electoral Act, 2010, with an 11 paragraph-affidavit deposed to by the petitioner, Ibrahim told the panel that is withdrawing the petition. He therefore urged the panel to grant the motion and withdraw the application against all the respondents.
However, counsel to Faleke and APC, Kolawole Salami who held the brief of Gboyega Oyewole told the court that their clients are not opposing the petitioner’s withdrawal motion. He told the tribunal that their clients have filed a nine paragraph-affidavit in response to the petitioner’s motion.
Following the submissions of parties, Hamidu held, “having read through the petitioner’s motion dated and filed on 30th May, 2019, with the affidavit and written address and gone through the first and second respondents’ affidavits, leave is granted to the petitioner to withdraw his motion. Petitioner’s petition against all the respondents is hereby struck out”.
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