The Lagos Court of Appeal has upheld the election of Rivers State Governor, Siminalayi Fubara.
The unanimous decision affirmed the tribunal’s judgment, dismissing appeals from Tonye Cole (APC), Beatrice Itubo (LP), Innocent Ekwu (APM), and Lulu Briggs Dumo (Accord Party). Tonye Cole, the APC candidate, sought the court’s direction to declare him the winner of the March governorship election in Rivers.
The court’s decision, delivered on Tuesday, supported the tribunal’s dismissal of the petition, maintaining Fubara’s electoral victory in October.
In October, the Rivers State Governorship Election Petition Tribunal dismissed Cole’s petition against Fubara’s election, stating that the APC had withdrawn the petition.
Unhappy with the tribunal’s decision, Cole appealed to the appellate court. However, the court, in a Tuesday ruling, affirmed the tribunal’s judgment.
Justices Ridwan Maiwada Abdullahi, Olabode Adegbehingbe, and Bature Isa Gafa emphasized that the APC’s withdrawal didn’t invalidate Cole’s petition, disagreeing with the tribunal’s decision to strike out that part of the petition.
“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.
In his immediate reaction, Cole said the appellate court’s judgment has given him and his legal team a greenlight, and that will determine their next line of action.
