The Supreme Court has dismissed the appeal by the Allied People’s Movement (APM) against Governor Siminalayi Fubara of Rivers State.
A five-member panel of justices led by Justice Kudirat Kekere-Ekun also reserved judgment in the appeal by the All Progressives Congress (APC) governorship candidate, Tonye Cole.
On the APM appeal, governorship candidate, Innocent Ekwu had sought the nullification of Governor Fubara’s victory on grounds of his exclusion from the election by the Independent National Electoral Commission (INEC).
He had contended through his counsel, Confidence L. Kere Esq, that he participated in all the congresses to emerge candidate of the political party but the party was not captured in the printed ballot papers for the March 18, 2023 governorship election.
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The panel ruled that having not be recognised as a candidate in the election, Ekwu lacked the locus standi to appear before court.
The counsel was advised to withdraw the appeal and was thus dismissed.
In the appeal unilaterally brought by Cole, he is contending that the election was conducted in substantial non-compliance with the Electoral Act, 2022.
Counsel to Cole, Jibrin Okutepa (SAN) had submitted that Fubara failed to resign from his position as the Accountant General of Rivers State 30 days before vying for political office, which violated the law.
But Fubara’s counsel, Joseph Daudu (SAN) asked the apex court to dimiss the appeal for lack of merit.
He submitted that Fubara resigned months before the 2023 general elections.
