Tonye Cole and the All Progressives Congress (APC) contested Sir Siminalayi Fubara’s election as the governor of Rivers State, but their appeal was categorically denied by the Nigerian Supreme Court.
In a historic ruling, the court declared that the appeal was without merit and that the appellant had not provided sufficient evidence to support assertions that it had violated the Electoral Act and other laws.
Supreme Court rules Tonye Cole’s appeal incompetent, dealing a defeat to the APC
Tonye Cole, the APC candidate in the March 18, 2023 election, filed an appeal, but the supreme court ruled that it was incompetent. The court’s decision to dismiss the appeal was based on its finding that the appellant had not provided enough evidence to support the charges of irregularities, failure to comply with the Electoral Act, and corrupt activities.
Cole’s Resignation Controversy: Fubara’s Presumed Inability to Resign
At the heart of the legal battle was Tonye Cole’s contention that Governor Fubara did not resign as the accountant general of Rivers State before the election. Cole sought to capitalize on this alleged failure, along with other accusations, as grounds for challenging the victory of Fubara of the Peoples Democratic Party (PDP).
Reversal bid rejected; tribunal and appellate court rulings upheld
Tonye Cole’s appeal sought to overturn the rulings of the Tribunal and the Court of Appeal, which had earlier affirmed Fubara’s declaration as the victor of the Rivers Governorship Election. The Supreme Court’s decision to throw out Fubara’s election validates his win and strengthens its validity.
