Appeal Court dismisses Cole’s, Ekwu’s, Itubo’s, Briggs’ suits against Fubara’s victory.

Appeal Court dismisses Cole’s, Ekwu’s, Itubo’s, Briggs’ suits against Fubara’s victory.

The Appeal Court sitting in Lagos has affirmed the election of Rivers State Governor Siminalayi Fubara of the Peoples Democratic Party (PDP) in the March 18 governorship poll.

In a unanimous decision, the court dismissed four separate appeals filed by Tonye Cole of the All Progressive Congress (APC), Beatrice Itubo of Labour Party (LP), Innocent Ekwu of the Allied People’s Movement (APM), and Lulu Briggs Dumo of Accord Party (A).

In the lead judgment, Justice Olabode Adegbehingbe held that all the appellants failed to prove the allegation of non-compliance with the Electoral Act against Fubara.

The court faulted the Governorship Election Petitions Tribunal for dismissing Cole’s appeal on the ground that the APC that sponsored him had withdrawn its petition against Fubara’s victory.

The court also held that the fact that APC withdrew its petition against Fubara’s victory did not prevent Cole from pursuing his appeal.

The Independent National Electoral Commission (INEC) had declared Fubara, who polled 302,614 votes, the winner of the election.

Cole came second with 95,274 votes, while the Social Democratic Party (SDP) candidate, Senator Magnus Abe, and Itubo came a distant third and fourth with 46,981 and 22,224 votes.

Not satisfied with the declaration of Fubara as the winner of the election, Itubo, Cole and Ekwu filed petitions before the tribunal challenging the result.

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Delivering judgment on Cole’s appeal, Justice Adegbehingbe held that APC and Cole did not file a joint appeal, adding that a political party cannot compel its candidate to file an appeal, neither could a candidate compel a political party to do the same.

Also, the Court of Appeal sitting in Abuja has dismissed the appeal of Sani Yahaya of the New Nigeria Peoples Party (NNPP) challenging the election of the Peoples Democratic Party (PDP) candidate, Kefas Agbu, as governor of Taraba State.

Yahaya and his party had challenged the result of the March 18 governorship election on the grounds of non-compliance with the Electoral Act.

The NNPP candidate also alleged that Agbu did not score the majority of lawful votes cast.

But delivering judgment yesterday, the appellate court held that the reliefs sought by the NNPP candidate were inconsistent, having faulted the outcome of the polls on grounds of non-compliance with the Electoral Act, yet praying the court to declare him the winner of the same election.

In a unanimous decision, the court dismissed the appeal of the NNPP for lacking in merit as did the tribunal on September 30.