A five-member panel of the Supreme Court yesterday affirmed the election of Mr Siminalayi Fubara of the Peoples Democratic Party (PDP) as the governor of Rivers State.
In a unanimous decision, the Justice Kudirat Kekere-Ekun–led panel, described as “lacking in merit” the appeal by the candidate of the All Progressives Congress (APC), Mr. Patrick Tonye-Cole, challenging the outcome of the governorship election held in the state on March 18, 2023.
In the lead judgement delivered by Justice Ibrahim Saulawa, the apex court said it found no reason to dislodge the concurrent verdicts of the Court of Appeal and the Rivers State Governorship Election Petition Tribunal, which upheld Fubara’s victory at the poll.
The court held that Tonye-Cole did not establish that the election was not conducted in compliance with provisions of the Electoral Act, 2022.
Recall that the APC candidate challenged Fubara’s election on the grounds that the governorship poll was marred by corrupt practices, insisting that it was not conducted in substantial compliance with provisions of the Electoral Act 2022.
Tonye-Cole also alleged that he (Fubara) was not qualified to run for the office of governor as he did not validly resign as the accountant general of the state prior to the conduct of the election as required by the law.
The petitioner further alleged that the PDP candidate continued to sign documents as the accountant general of Rivers State, even after he was nominated as the party’s governorship flag bearer by his party.
Fubara was declared winner of the governorship election after he scored 302,614 votes to defeat his APC challenger got 95,274 votes.
It would also be recalled that the APC pulled out from the case against Fubara while the matter taken to the Rivers State Governorship Election Petitions Tribunal.
Nevertheless, Tonye-Cole elected to challenge Fubara’s election to the last stage.
