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Cole vs Fubara: Supreme Court reserves judgment in Rivers guber appeal

The Supreme Court has reserved indefinitely, judgment on the appeal filed by Tonye Cole of the All Progressives Congress (APC) seeking to void the election of Rivers state governor, Siminalayi Fubara of the Peoples Democratic Party (PDP).

On Monday, a five-member panel of the apex court, presided over by Justice Kudirat Kekere-Ekun, after taking final arguments from lawyers to parties, reserved judgment till a later date to be communicated to them.

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.

The appellants are claiming among others, that the election was marred by irregularities, non-compliance with the Electoral Act and that Fubara did not resign before the election as required by the Constitution.

They alleged that Fubara continued to sign documents as the Rivers State’s Accountant-General after he was nominated as the PDP governorship candidate for the election.

The court also dismissed an appeal by the candidate of the Allied People’s Movement (APM) in the election, Innocent Ekwu after his lawyer applied to withdraw it.

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