Paragraph 32
Payment of costs to respondentsIf the election petition is withdrawn, the petitioner shall be liable to pay appropriate costs to the respondents or any of them unless the Tribunal or Court otherwise orders.
This paragraph provides for the payment of costs by the petitioner to the respondent where the petition is withdrawn.
On the validity of granting costs to Respondents when a petition is dismissed.
EGAIN OKOBA EBIANGO & ANOR v. IBEGU ARIKPAWABAI RICHARD & 2 ORS. (CA/PH/EP/SHA/BY/19/2023) (Unreported) Per Abdulazeez Waziri, JCA @ Pg.45
In dismissing the Appellant’s ground of Appeal challenging the legality of the tribunal’s award of the sum of N750,000.00
(Seven Hundred and Fifty Thousand Naira) against them as cost due to the Respondents, the Court of Appeal held thus;
“Upon a dismissal of the petition, the lower Tribunal has unfettered discretion to award cost to a deserving party to cushion the expenses incurred upon. Costs follow events and I do not have any hesitation in agreeing with the lower tribunal on this point.”
