The National Assembly and State Houses of Assembly Election Petition Tribunal sitting in Enugu, on Monday, dismissed the suit filed by Prince Lawrence Eze against the election of Senator Dr. Chimaroke Nnanami representing Enugu East Senatorial Zone.
Eze of the All Progressives Congress, APC, filed the suit against Nnamani, his party, the Peoples Democratic Party, PDP, and the Independent National Electoral Commission, INEC.
DAILY POST correspondent, who observed the Tribunal proceedings, reports that the court’s ruling was following the petitioner’s decision to discontinue the matter.
At the resumed hearing of the case, with Petition No: EPT/EN/NA/5/2019, Eze, through his counsel, U.O Sule told the Tribunal that he had filed a motion seeking to withdraw the instant petition.
He said his motion to withdraw the petition filed on the 15th day of March, 2019, was brought pursuant to Paragraph 47 (1), (2) and (3) and Paragraph 29(1), (2) (3) and (4) of the First Schedule to the Electoral Act, 2010 (As Amended).
Sule said the motion was supported by a 13-paragraph affidavit deposed to by one of the petitioner’s counsels, Akubo Zacharius, adding that “we also filed a written address in support of the said motion. We adopt same as our legal arguments in this case, urging Your Lordships to grant our prayers.
“In compliance to Paragraph 59 of the First Schedule to the Electoral Act, 2010 (As Amended), the 1st petitioner, (Eze) personally deposed to a verified affidavit to show that there was no unlawful agreement between the parties for the withdrawal and that parties herein concede to withdrawal without terms.”
Counsel to the 1st respondent, Julius Mba, in his submissions, told the Tribunal that “we are not opposed to the prayers for the withdrawal of the petition. We are equally in receipt of the said application.
“Upon the receipt of the said application, the first respondent on 20th day of July 2019, filed a 5-paragraph affidavit deposed to by the 1st respondent against illegal terms of withdrawal in compliance to Paragraph 30 of the First Schedule to the Electoral Act, 2010 (as amended).”
Making similar submissions, both counsel to the 2nd respondent, (PDP,), the 3rd respondent, (INEC), Oguchukwu Onyekwuruje and N.H. Ogba told the tribunal that they were disposed to the granting of the prayers in the motion.
In its ruling, the Tribunal held that having taken the argument of all the parties, it was clear that all the respondents have filed affidavit against illegal terms of withdrawal.
The Chairman of the Tribunal, Justice, H.H Kerang, who read the ruling, said the respondents asked court to allow same application, adding that “we are satisfied with the reason stated by the petitioner for withdrawal of the petition.
“Consequently, we are satisfied that the petitioner has satisfied the provisions of the law; the application is hereby granted; hence this petition is hereby dismissed.”
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