By Our Reporter. Former Attorney General and Commissioner of Justice in Nasarawa state, Barrister Yusufu Shehu has said that the argument that a petitioner can not withdraw his petition from the tribunal at some stage appears futile to him. He noted: “It is his petition and should have the right to withdraw it from the tribunal at any stage that he does not find it necessary to maintain it or continue pursuing the challenge”. He continued: “It is pertinent to state that the petitioner was not compelled by the law nor should he be compelled by any body to file a petition in the first place, under the law filing a petition is like instituting a civil action
It is purely a voluntary act or by free volition of the party”
The former Attorney General further stated ” I don’t think the court can compel anybody to continue a course of action he has lost interest in” Barrister Shehu also observed that it is understandable if the argument is on the fact that he ( petitioner) can not withdraw the petition without cost to the parties joined as respondents, saying that it is fair and just that a party who has filed a petition against others and joined then as respondents, should not be allowed to withdraw it after issues have been joined and after the respondents have changed their positions to their detriment without a compensation by way of cost.
“The party withdrawing in such circumstances should be made to pay cost to the respondents” he added.
Expressing his opinion further Barrister Shehu who retired as Director administration/Secretary Nigerian Law School said this kind of argument reminds one about the provisions of the electoral Act that says a candidate can not withdraw from an electoral contest at a certain stage or after the expiration of time prescribed by the Act for the expression of intent to withdraw from the election, however stated that the provision of that electoral Act did not stop Oby Ezekwessili from withdrawing from the presidential election contest after the list of the candidates was published.
“The law doesn’t make sense to me in this circumstance, as the choice to withdraw or continue, is the personal decision of the party who instituted the action in the first place”
“The futility of the law and the impracticality of its coercion can simply be expressed by another way of withdrawal of the petition”
He added “What if the petitioner decides to abandon the petition?
Will the court or the Tribunal compel him to come back and prosecute it?”
“In the final analysis, will the effect be any different from when he is allowed the option to withdraw it through due process of the law?” Barrister Shehu further asked.