Presidential poll: Atiku, PDP withdraw fresh application against INEC

Following recent cooperation with the Peoples Democratic Party (PDP), its candidate, Atiku Abubakar, and the Independent National Electoral Commission, (INEC), Atiku and the party, on Wednesday, withdrew the fresh application filed to compel the Commission.

The PDP candidate and the party had earlier filed the application for an order of the Court of Appeal to allow their agents participate in the process of sorting out ballot papers that were used for the presidential election that held on February 25.

Recall that both the PDP and Atiku, are separately challenging the process and the outcome of the election that led to declaration of candidate of the ruling All Progressives Congress, APC, Bola Tinubu, as the President- elect

But in a twist on Wednesday, the party informed the Presidential Election Petition Court, PEPC, sitting at the Court of Appeal in Abuja, that they were no longer interested in the application.

When the motion ex-parte, marked: CA/PEC/10M/2023, was called up for hearing on Wednesday, Atiku’s legal team led by Joe Kyari Gadzama, a Senior Advocate of Nigeria (SAN), told the court that he had filed a notice of discontinuance.

Gadzama said the decision followed meeting the legal team had with the leadership of the electoral body on Tuesday.

According to him” We filed the application owing to challenges and administrative bottlenecks we encountered at the INEC office when we went for access to the election materials as ordered by the court.

BusinessDay gathered that both the PDP and INEC had used the Tuesday meeting to sort out all grey areas were INEC gave an undertaking to allow the PDP agents observe the process of sorting out some of the electoral materials we requested for, especially the ballot papers.

“Since that was primarily our prayer in the fresh application we filed, we felt that it would not be necessary to proceed with the hearing. So, to save judicial time, we filed a notice of discontinuance which was accordingly granted”,
Joseph Ikyegh-led three-member panel had to strike out the earlier application, following the withdrawal

The withdrawn application which was predicated on 11 grounds, had argued that it was necessary for agents of his party to be present during the sorting out of the electoral materials he would need to prepare a petition he intends to lodge against the outcome of the presidential election

He said there was need for his agents to observe/participate in the sorting of materials he requested in all the offices of INEC nationwide, in line with the ex-parte order the court made on March 3.

The tribunal had in the said order, directed INEC to allow the Applicants, Atiku and PDP, to inspect, scan, and carry out forensic examination and analysis of the ballot papers, data form, BVAS/and or card readers, including photocopying of the ballot papers, information stored in the computer server/IREV.

Atiku argued that allowing the agents of his party to be on the ground while the materials are sorted out, would ensure transparency in the process and guarantee that the ballot papers would not be tampered with.

Atiku in a message to PDP members, ahead of the March 18 gubernatorial election, appealed for massive support for PDP candidates.

He urged them not to be discouraged by the outcome of the February 25th Presidential election, adding that “ as attested to by both local and international observers, the result of the February 25 presidential election as announced by the Independent National Electoral Commission was grossly tainted and did not reflect the will of the electorates”

“You all have demonstrated against this blatant injustice through different mediums. And for that, I thank you again for your non-violent conduct despite the provocations.

“Indeed, what the Independent National Electoral Commission (INEC) did in announcing the manipulated result was a clear breach of not only the 2022 Electoral Act but also its own guidelines which the electoral commission had repeatedly claimed would uphold the standards we had seen in the Osun and Ekiti elections.

“The INEC Chairnan further ignored calls for a review of the process in line with the amended law.

Atiku who noted that “all hope is not lost”, added that “ You must never give in to apathy.

“I assure you that the electoral fraud perpetrated by INEC will be reversed in due course as I champion the cause to reclaim our mandate.

“We, as citizens, must continue to show resilience in the defence of our democracy and in the exercise of our rights to vote. As the March 18 Governorship and State Houses of Assembly elections beckon, I urge you as patriotic citizens of our dear country to come out in your numbers to cast your votes. That is one of the ways you can use to demonstrate against the sham of an election of February 25.

“As you cast your votes peacefully this Saturday and in observance of the Electoral Act and INEC guidelines, be sure to do so for the candidates of the PDP, the only truly national party, for a greater and prosperous Nigeria,” he said.