Tribunal Reserves Judgement In Petition Challenging Election Of Gov. Fubara
By Rita Elenwo
The Rivers state Governorship Tribunal sitting in Abuja has reserved judgement in the petition filed by Tonye Cole, the governorship candidate of the All Progressives Congress, challenging the Election of the candidate of People’s Democratic Party, Simnalayi Fubara.
The three member Tribunal panel led by justice Cletus Emifonye reserved judgement after counsel for Tonye Cole, INEC, Simnalayi Fubara and PDP adopted their respective final written addresses.
Tonye Cole who later became the sole petitioner in his petition after the withdrawal of his party the APC based his petition on two grounds bordering on disqualification of the Governor of Rivers State to contest the election and corrupt practices and non-compliance.
They had approached the Rivers State governorship tribunal to declare that the election held on march 18 was invalid and that the certificate of return be retrieved and given to him.
The petitioner’s counsel after adopting their final written address said the Governor of Rivers State as at the time he contested the primary election under the platform of PDP was still an accountant general and permanent secretary to the ministry of finance in Rivers State disqualifying him to contest the said election.
He added that the burden of prove lies on the respondents to show that Fubara truly resigned.
They said failure of INEC to provide voters register and the documents needed invalidates the election.
However at the tribunal sitting on Wednesday counsel to the independent National electoral commission, INEC, who was represented by Kanu Agabi after adopting his final written address, cited the decision of the supreme court in Aliu vs INEC and argued that members of political party are bound by the decision of the party.
He argued that Tonye Cole is bound by the decision of his Party, the APC which had withdrawn from the petition on the ground that the petition is not supportable and has no merit.
He argued that the relief sought by the petitioner that he scored the majority of lawful votes cast was not supported by any grounds since the petitioner has not pleaded with any alternative result on the basis of which he seeks to be declared winner but relied on the results released by INEC which announced Fubara winner of the election.
He argued that of the 6866 polling units in Rivers State, only 21 polling unit agents were called by the petitioner, presenting only 305 witness disposition statements making only 0.3 percent.
The counsel to Simnalayi Fubara, Emmanuel Ukala SAN while adopting his final written address urged the court to dismiss the petition, aligned with the argument of Agabi SAN but emphasised on the issue of disqualification.
He said while the issue of disqualification is a pre election matter, the petitioner didn’t present the original resignation letter as against the one termed as fake.
He added that on the issue of over voting raised in the petition, the petitioner failed to provide the voters register, and BVAS machine to prove his allegations.
Counsel to PDP, Joseph Daudu SAN, on his part also adopted his written address and argued that the documentary evidence tendered by the petitioner didn’t meet the requirements of section 137 standard of the evidence act. He added that he called the wrong people to speak on the documents.
The Tribunal which received the presence of the former Governor of Rivers State and the minister of Federal capital territory, Nyesome Wike however reserved judgement for a date to be communicated to parties involved.
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