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Appeal Court Dismisses Case Against Fubara

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Appeal Court Dismisses Case Against Fubara

An Appeal court sitting in Lagos has affirmed the election of Rivers State Governor, Siminalayi Fubara.

Channelstv reports that the court, in a unanimous decision, affirmed the judgment of the election tribunal, dismissing four separate appeals filed by Tonye Cole of All Progressives Congress (APC), Beatrice Itubo of the Labour Party (LP), Innocent Ekwu of the Allied People’s Movement (APM), and Lulu Briggs Dumo of the Accord Party.

The APC candidate, who was present in the courtroom on Tuesday, wanted the court to direct the Independent National Electoral Commission (INEC) to declare him the winner of the March governorship election in Rivers.

The Rivers State Governorship Election Petition Tribunal had in October dismissed the petition of Cole challenging the election of Fubara as the governor of the state.

“A political party cannot compel a candidate to withdraw a petition neither can a candidate compel the party to withdraw.” Justice Adegbehingbe ruled.

However, on the other grounds, the court held that the appellants’ evidence were inadequate in proving the allegations of over-voting, disenfranchisement and other alleged irregularities.

The grounds bordering on fraud and whether Fubara was qualified to have contested the election were struck out based on unconvincing evidence. Cole cited allegations of irregularities and Fubara’s continued signing of documents as the State’s Accountant-General after his PDP nomination.

The court held that all the appellants failed to prove the allegation of non-compliance with the Electoral Act.

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