Paragraph 29
Withdrawal or abatement of petition(1) An election petition shall not be withdrawn without leave of the tribunal or court.
(2) Where the petitioners are more than one no application for leave to withdraw the election petition shall be made except with the consent of all the petitioners.
(3) The application for leave to withdraw an election shall be made by motion after notice of the application has been given to the respondents.
(4) The notice of motion shall state the grounds on which the motion to withdraw is based, supported with affidavit verifying the facts and reasons for withdrawal, signed by the petitioner or petitioners in the presence of the Secretary.
(5) At the time of filing the notice of motion the petitioner or petitioners shall leave copies for service on the respondent.
(6) The petitioner or petitioners shall also file the affidavits required under paragraph 29 together with copies for each respondent and pay the fees prescribed or directed by the Secretary for services.
This paragraph lists various circumstances in which an Election Petition may be terminated without the Tribunal or Court going into hearing to determine the merit of the Petition. It empowers Petitioners to voluntary withdraw a Petition by filing a Motion on Notice seeking the leave of the Tribunal or Court to so withdraw the Petition, but the requirement in Paragraph 30 to swear an affidavit must be first satisfied.
On whether withdrawal by a co-petitioner amounts to withdrawal of the entire petition
COLE TONY PATRICK V. INEC & 2. Ors (CA/ABJ/EP/GOV/RV/121/2023)
It is obvious that the APC's application for withdrawal which was determined by the tribunal, did not extend to the point of
withdrawing the petition, which it filed jointly with the appellant. Neither the appellant nor the political party may impede the statutory
right conferred on each other, even where they have filed a petition together. A political party cannot compel its candidate to file or withdraw
a petition - which is only filed after the holding of an election. A candidate of a political party cannot compel his political party to file
or withdraw a petition- which is only filed after the holding of an election.
IHEDIOHA V.NWOSU (2019) LPELR-52790 (SC); (2020) 5 NWLR (PRT 1717) 219 AT 321
For purposes of Paragraphs 29, 30 and 31 of the First Schedule of the Electoral Act, 2010 as amended,
the application of an unwilling co-petitioner to withdraw his name from the petition and have his name struck off
therefrom and withdrawal of the petition per Paragraph 29(2) of First Schedule are not the same thing.
The issue of the 2nd Petitioner seeking to withdraw from the petition is not an issue touching on the jurisdiction of the
Tribunal or on the competence of the petition itself. It is simply that the 2nd Petitioner, being made co-petitioner against its will,
no longer wanted to prosecute the petitioner nor be a party to it.
