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The All Progressives Congress in Ogun state has filed a motion to withdraw its petition requesting the disbandment of the Justice Chinwe Oyeabo’s led election petition tribunal panel.
The Party’s intention to withdraw its petition is contained in a further affidavit with the petition number EPT/OG/GOV/02/2019 which was served and received by the secretary of the state tribunal on the 28th April 2019.
PLATFORM TIMES had reported the disbandment of the state electoral petition tribunal panel few days after a Motion on Notice dated April 15 was filled by the APC, calling on members of the tribunal to recuse themselves from further sitting as members of the tribunal.
The APC had accused the panel of violating the right to fair hearing in the two factional petitions filled by Labour Party against the emergence of Dapo Abiodun of the APC as the Governor-Elect.
Reacting to the development, the duo of the APC and the Labour party had kicked against Justice Josephine Adenike Coker who is expected to replace Justice Onyeabo, on the allegation that she is an interested party in the matter.
The APC, in the further affidavit, signed by its lead counsel A.J Owonikoko notified the tribunal of its willingness to discontinue the petition which requested that the Onyeabo led panel excuse itself.
But, in a counter affidavit filed by the Labour Party, the action of the ruling party was said to be tantamount to an abuse of court process and contempt of court.
However, In its reaction, the APC said its action can only be an abuse of court process and contempt of court only if it pursues the said motion concurrently.
“On petitioners/ Respondents’ submission that this instant motion constitutes an abuse in view of the prayers contained in the motion dated 15/4/2019, we respectfully submit that petitions/respondents will only be correct in their said submission if the 2nd respondent/applicant pursue the said application concurrently with this instant motion.
” However, that is not the case as it has been indicated in the 2nd respondent’s further affidavit that the other application dated 15/4/2019 will not be proceeded with the 2nd respondent/applicant.
The APC, however, promised to apply for the withdrawal and the striking out of the application at the next adjourned date which is tomorrow (May 8) adding that its earlier motion on notice was filed in error.
“The 2nd respondent/applicant will at the next sitting of the honourable tribunal apply for a withdrawal and striking out of the application dated 15/4/2019 praying for an order of recusation and other reliefs which was filed in error.”