The Supreme Court on Monday, January 15, 2024, reserved judgement in the appeal filed by the Rivers State governorship candidate of the All Progressives Congress (APC), Patrick Tonye-Cole, against the victory of Governor Siminalayi Fubara.
A five-member panel headed by Justice Kudirat Kekere-Ekun reserved judgement on the appeal after all parties in the suit adopted their briefs of arguments.
Tonye-Cole had approached the apex court, insisting that Fubara did not resign as Accountant-General of the state and acted as accountant general exceeding the stipulated time as provided by the constitution and electoral act before the election.
The APC candidate also argued that Fubara was not qualified to contest or even to be declared winner of the election.
The Appeal Court sitting in Lagos State had affirmed the election of Fubara as the governor of Rivers.
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The court dismissed the petition filed by Tonye-Cole, against Fubara, PDP and INEC.
The APC candidate had requested that the court order INEC to declare him winner of the March governorship election in Rivers.
But the court held that all the appellants failed to prove the allegation of non-compliance with the Electoral Act.
The court also faulted the tribunal for dismissing Tonye-Cole’s appeal on the ground that APC sponsored him and had withdrawn the petition against Fubara’s victory.
The appellate court further held that the fact that APC withdrew its petition against Fubara’s victory did not prevent its candidate, Tonye-Cole, from pursuing his appeal.
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