Rivers: S’Court Dismisses APM’s Appeal against Fubara, Reserves Judgment in Cole’s Appeal

Alex Enumah in Abuja

The Supreme Court on Monday dismissed the appeal by the Allied Peoples Movement (APM) against the election of Governor Siminalayi Fubara of Rivers State.

The appeal was dismissed following its withdrawal by the APM’s counsel, Confidence Kere.

Meanwhile, the five-member panel, which dismissed the appeal for being incompetent and lacking in merit, reserved its judgment in the other appeal filed by Mr Tonye Cole of the All Progressives Congress (APC).

When the case of the APM was called, its counsel, Kere, attempted to adopt and argue its client’s case, however Kere was cut short by the panel led by Justice Kudirat Kekere-Ekun, who pointed out that the APM lacked the legal standing to institute the appeal on the grounds that it did not take part in the actual election.

Kere subsequently applied orally to withdraw the appeal and since the respondents did not object to the withdrawal, the apex court subsequently dismissed it.

Meanwhile, after taking arguments from all parties in the appeal of the APC’s candidate, the five-member panel announced that its verdict is reserved to a date that would be communicated to counsel in the matter.

Cole, in the appeal, is seeking the reversal of both the Court of Appeal and tribunal judgments which upheld the declaration of Fubara of the Peoples Democratic Party (PDP) as winner of the March 18, 2023 governorship election in Rivers State.

Cole insisted that the lower court erred in law when it agreed with the Rivers State Governorship Election Petition Tribunal that he did not prove his allegations against the governorship poll.

He urged the apex court to allow his appeal and grant the reliefs sought which included the setting aside of the concurrent judgments of the two lower courts and declared him winner of the March 18 governorship election in Rivers State.

The Independent National Electoral Commission (INEC) had declared PDP’s Fubara as governor having won majority of the lawful votes cast in the governorship poll.

Dissatisfied, APC and Cole citing alleged  irregularities, non-compliance with the Electoral Act, corrupt practices amongst others, had asked the tribunal to void Fubara’s election as governor.

Besides they claimed that Fubara was not qualified to contest the election over alleged violation of the law because he had allegedly continued to sign documents as the Rivers State’s Accountant-General despite been nominated governorship candidate of the PDP.

But the tribunal, in a unanimous judgment, held that the allegations were not proved to warrant the grant of the reliefs sought and subsequently dismissed it.

Dissatisfied, Cole approached the appellate court to reverse the judgment of the tribunal, but was told he did not advance any cogent reason to warrant the Court of Appeal to deviate from the findings and conclusion of the tribunal.

The judgment of the appellate court led to the instant appeal which has now been reserved for judgment anytime from now.

It should be noted that Cole’s appeal will lapse on January 26, less than 11 days from today.