The Supreme Court has affirmed the election victory of Governor Siminalayi Fubara of Rivers State.
The unanimous decision by a five-member panel, led by Justice Kudirat Kekere-Ekun, dismissed an appeal filed by the All Progressives Congress candidate, Mr. Tonye Cole. Cole sought to challenge the outcome of the governorship election held on March 18, 2023.
Justice Ibrahim Saulawa, delivering the lead judgment, stated that there was no basis to overturn the decisions of the Court of Appeal and the Rivers State Governorship Election Petitions Tribunal, which both upheld Fubara’s victory.
The Supreme Court ruled that Cole failed to establish that the election did not comply with the provisions of the Electoral Act, 2022.
It is noteworthy that the APC initially withdrew from the case against Governor Fubara during the Rivers State Governorship Election Petitions Tribunal proceedings. Despite the party’s withdrawal, Tonye Cole persisted in pursuing the case independently.
Governor Fubara of the Peoples Democratic Party secured victory with 302,614 votes, while Tonye Cole of the APC received 95,274 votes, according to the Independent National Electoral Commission. Cole contested the election results, alleging corrupt practices and non-compliance with the Electoral Act.
Among his allegations, Cole claimed that Fubara did not validly resign from his previous position as required by law before the election.
He argued that Fubara continued to sign documents as the Accountant-General of Rivers State even after being nominated as the PDP candidate.
Both the tribunal and the Court of Appeal rejected Cole’s case for lack of merit. While the Court of Appeal faulted the lower court’s position on the withdrawal of the APC, it affirmed the dismissal of Cole’s petition.
The Supreme Court has now upheld these decisions, affirming Governor Fubara’s victory. Additionally, a separate appeal against Fubara by the candidate of the Allied People’s Movement, Innocent Kere, was also dismissed after the appellants applied to withdraw the case.
