Supreme Court reserves judgment in Tonye Cole’s challenge of Fubara’s victory

Siminalayi Fubara

The Supreme Court has reserved judgment on the appeal filed by Tonye Cole of the All Progressives Congress (APC) seeking to void the election of Rivers State Governor Siminalayi Fubara of the Peoples Democratic Party (PDP).

The Independent National Electoral Commission (INEC) had declared Fubara winner of the March 18 governorship election.

A five-member panel of the apex court, presided over by Justice Kudirat Kekere-Ekun, after taking final arguments from lawyers to parties, yesterday reserved judgment till a later date to be communicated to them.

Appellants’ lawyer, Jibrin Okutepa (SAN), prayed the court to allow the appeal, set aside the judgment of the Court of Appeal, and grant the reliefs sought.

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Lawyer to Fubara, Mr. Emmanuel Ukala (SAN), and that of PDP, Mr. Joseph Daudu (SAN), prayed the court to dismiss the appeal and affirm the earlier judgment of the Court of Appeal.

Cole and the APC are, by the appeal, seeking to set aside the November 28, 2023 judgment of the Court of Appeal, which affirmed Fubara’s election.

The appellants are claiming, among others, that the election was marred by irregularities, non-compliance with the Electoral Act, and that Fubara did not resign before the election as required by the Constitution.

They also alleged that Fubara continued to sign documents as the Rivers State’s Accountant-General after his nomination as the PDP governorship candidate for the election, allegations the governor has continued to deny.

The court also dismissed an appeal by the candidate of the Allied People’s Movement (APM) in the election, Innocent Kere, after his lawyer applied to withdraw it.

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