Monday, January 15, 2024
Governor Siminalayi Fubara and Tonye Cole
On Monday, the Supreme Court reserved judgment in the appeal filed by the 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 judgment on the appeal after all parties in the suit adopted their briefs of arguments.
Mr Tonye-Cole had approached the apex court, insisting that Mr Fubara did not resign as Rivers accountant-general and acted as accountant-general exceeding the stipulated time provided by the constitution and electoral act before the election.
The APC candidate also argued that Mr Fubara was not qualified to contest or even to be declared winner of the election.
The Lagos Division of the Appeal Court had affirmed the election of Mr Fubara as the governor of Rivers.
The appellate court dismissed the petition filed by Mr Tonye-Cole against Mr Fubara, PDP and INEC.
The APC candidate had requested that the court order INEC to declare him the winner of the March governorship election in Rivers.
However, 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The court also faulted the tribunal for dismissing Mr Tonye-Cole’s appeal on the ground that APC sponsored him and had withdrawn the petition against Mr Fubara’s victory.
The appellate court further held that the fact that APC withdrew its petition against Mr Fubara’s victory did not prevent its candidate, Mr Tonye-Cole, from pursuing his appeal.
(NAN)
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