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).
Cole was the candidate of the APC in the last governorship election in Rivers State, in which the Independent National Electoral Commission (INEC) returned Fubara as the winner.
On Monday, a five-member panel of the apex court, presided over by Justice Kudirat Kekere-Ekun, after taking final arguments from lawyers to parties, 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.
Emmanuel Ukala (SAN) for Fubara and Joseph Daudu (SAN) for the PDP 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 alleged that Fubara continued to sign documents as the Rivers State’s Accountant-General after he was nominated as the PDP governorship candidate for the election; allegations the governor has continued to make.
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.