The Supreme Court has dismissed the appeal of the All Progressives Congress (APC) and its candidate, Tonye Cole against the election of Siminalayi Fubara as Rivers State governor for lacking in merit.
The Herald recalls that last week, a five-member panel headed by Justice Kudirat Kekere-Ekun reserved judgment on the appeal after all parties in the suit adopted their briefs of arguments.
Tonye-Cole and APC had filed an appeal against Fubara, claiming the Governor did not resign as Accountant General of the state within the deadline stipulated by the constitution and the Electoral Act before contesting the 2023 elections.
The APC candidate insists that Fubara was not qualified to contest the election, let alone be declared winner by the Independent National Electoral Commission (INEC).
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.
However, the apex court on Thursday, January 25, held that the appellant did not prove the allegations of noncompliance with the Electoral Act, among others.
The court held that the appeal was incompetent and dismissed it.