Paragraph 30
Affidavits against illegal term of withdrawal(1) Before the leave for withdrawal of an election petition is granted, each of the parties to the petition shall produce an affidavit, stating that—
(a) to the best of the deponent’s knowledge and belief no agreement or term of any kind whatsoever has been made; and
(b) no undertaking has been entered into, in relation to the withdrawal of the petition, but if any lawful agreement has been made with respect to the withdrawal of the petition, the affidavit shall set forth that agreement and shall make the foregoing statement subject to what appears from the affidavit.
Before the leave for withdrawal of a petition is granted, each party to the Petition must
depose
to an Affidavit that no agreement has been reached among the parties to illegally withdraw
the
Petition but if any lawful agreement has been reached, the Affidavit shall state such
agreement
to withdraw the Petition.
Read Stephen & Anor V. Moro & Ors (2019) LPELR-48406(CA) and Nwankwo & Anor v. Nwawulu &
Ors
(2015) LPELR-40703(CA)
IBRAHIM DUTSE ABDULLAHI & APC V. MADAWAKI DAHIRU, PDP & INEC (PETITION NO: EPT/JG/HR/07/2023.)
It is clear from the sub-heading preceding paragraph 30 of the First Schedule that the intendment of its provision is to prevent illegal term of withdrawal of a petition pending before the tribunal.
