The Supreme Court has dismissed the appeal of Tonye Cole and the All Progressives Congress (APC) against the election of Siminalayi Fubara as Rivers State governor.
Recall that the Independent National Electoral Commission, INEC, had declared Fubara as the winner of the election.
Following the declaration, Tonye-Cole, who was the governorship candidate of the APC in the 2023 elections in the state, challenged Fubara’s victory on the ground that he did not resign as the Accountant General of Rivers State before the election.
Cole also cited alleged irregularities, non-compliance with the Electoral Act, corrupt practices, among others.
However, affirming Fubara as the duly elected governor of Rivers State, the court held that the appellant did not prove the allegations of non-compliance with the Electoral Act, among others.
The court held that the appeal was incompetent and dismissed it.
The five-member panel of the Supreme Court, in the lead judgment delivered by Justice Ibrahim Saulawa, affirmed Fubara’s election.
According to Saulawa, the appellant did not prove his allegations of over-voting, non-compliance as well as non-qualification of Fubara to contest the election.
“This appeal is grossly lacking in merit and liable to be dismissed and it is accordingly dismissed”, Justice Saulawa held.
The apex court subsequently affirmed the concurrent judgments of the two lower courts which earlier dismissed the appeal for lacking in merit.