The Supreme Court has reserved judgement on the appeal filed by the All Progressives Congress (APC) governorship candidate, Mr Tonye Cole to sack Governor Siminalayi Fubara of Rivers State in the governorship election.
The five-member Supreme Court panel, led by Justice Kudirat Kekere-Ekun, adjourned the appeal for judgement on Monday after all parties presented their final arguments.
The apex court has announced that it will inform the parties about the date of the judgement.
It would be recalled that the APC had decided not to contest Fubara’s victory. This was why the party withdrew from the case against him while it was being heard by the Rivers State Governorship Election Petitions Tribunal.
However, Mr. Cole insisted on challenging the victory of the Peoples Democratic Party, PDP, candidate who had emerged winner of the March 18 governorship election in the state as declared by the Independent National Electoral Commission, INEC.
INEC had declared that Fubara of the PDP polled a total of 302,614 votes to defeat his closest rival, Cole of the APC who got a total of 95,274 votes.
Cole however disagreed with the outcome of the election and approached the tribunal to challenge it.
The appellant, among other things, alleged that the Rivers State governorship poll was not free and fair but a result of corrupt practices.
He added that it was not conducted in substantial compliance with provisions of the Electoral Act 2022.
More so, Cole, alleged that Fubara did not validly resign his previous position as required by the law before the election was held.
He alleged that Fubara continued to sign documents as the Accountant-General of Rivers State, even after he was nominated as the candidate of the PDP for the governorship election.
He urged the tribunal to nullify the Certificate of Return that was issued to Fubara and declare that he was not the bonafide winner of the election.
Cole further prayed the tribunal to declare that he was the authentic winner of the gubernatorial contest.
However, both the tribunal and the Court of Appeal dismissed his case for want of merit.
The appeal court in its judgment affirmed the unanimous judgement of the tribunal that dismissed Cole’s case, but faulted the lower court over its position that the petition was invalidated by the withdrawal of APC which has the statutory responsibility of nominating and sponsoring a candidate for the election.
The appellate court held that the fact that APC withdrew from the petition against Fubara’s victory, did not prohibit its candidate, Cole, from pursuing the appeal in his own right.