January 28, (THEWILL) – Last Thursday, was a joyful day for the embattled Rivers State Governor, Sim Fubara, as his position was ratified by the Supreme Court of Nigeria.
The court, in a unanimous decision by a five-memRiversber panel led by Justice Kudirat Kekere-Ekun, dismissed as lacking in merit an appeal the candidate of the All Progressives Congress, (APC), Mr Tonye Cole, filed to challenge the outcome of the governorship election that held in the state on March 18, 2023.
Fubara recently had a problem with his political godfather and predecessor in office, Nyesom Wike, which nearly paralysed the activities of the state until the situation was halted by President Bola Tinubu who waded in and resolved the crisis.
It was with apprehension, therefore, that the people of Rivers awaited the Thursday ruling of the apex court.
THEWILL also recalls that the APC had pulled out from the case against Governor Fubara of the Peoples Democratic Party, (PDP), while it was being heard by the Rivers State Governorship Election Petitions Tribunal.
Despite the position of the party not to challenge the declaration of Fubara as winner of the governorship election, Cole vowed to prosecute his petition to its logical conclusion.
The Independent National Electoral Commission (INEC) had declared that Fubara of the PDP polled a total of 302,614 votes to defeat his closest rival, Cole of the APC who got a total of 95,274 votes.
However, Cole, having felt dissatisfied with the outcome of the poll as announced by the INEC, approached the tribunal to challenge it.
He, among other things, alleged that the governorship poll was marred by corrupt practices, insisting that it was not conducted in substantial compliance with provisions of the Electoral Act 2022.
He further alleged that Fubara did not validly resign his previous position, as required by law, before the election was held.
He said that Fubara continued to sign documents as the Accountant-General of Rivers State, even after he was nominated as the candidate of the PDP for the governorship election.
Consequently, he urged the tribunal to nullify the Certificate of Return that was issued to Fubara and declare that he was not the bonafide winner of the election.
Cole further prayed the tribunal to declare that he was the authentic winner of the gubernatorial contest.
However, both the tribunal and the Court of Appeal dismissed the case for lack of merit.
Although the appellate court, in the verdict it delivered on November 28, 2023, affirmed the unanimous judgement of the tribunal that dismissed Cole’s case, it, however, faulted the lower court over its position that the petition was invalidated by the withdrawal of the APC, which has the statutory responsibility of nominating and sponsoring a candidate for the election.
The appellate court held that the fact that APC withdrew from the petition against Fubara’s victory did not prohibit its candidate, Cole, from pursuing the appeal in his own right.
The Supreme Court had earlier dismissed a separate appeal that was entered against Fubara by the candidate of the Allied People’s Movement, (APM), in the election, Innocent Kere.
The appeal was dismissed after the appellants, through their lawyer, applied to withdraw the case.
Reacting to the victory, Governor Fubara said his victory at the Supreme Court had laid to rest the legal battles that added to the distractions his administration grappled with in the last eight months.
He, however, declared his resolve to remain committed to the purpose for which he was elected, saying he would not allow anything to distract governance of the state.
He has avowed commitment to undistracted governance.
The civil servants, as well as other Rivers people immediately declared celebration parties over Fubara’s victory.
The governor, who spoke immediately after the delivering of the government by the Supreme Court in Abuja, expressed his resolution to remain committed to the purpose for which he was elected and will not allow anything to distract governance.
He said “About an hour ago, the Supreme Court revalidated our mandate in the election. It is a victory for the entire State. It is important for us to note that we need this victory to consolidate the purpose of governance. Prior, we have had a few distractions here and there.
“And the good news that came to us this morning is a refreshing strength that will encourage us to continue the good works in governance.”
Governor Fubara expressed his gratitude to God for His help and to President Bola Tinubu for his fatherly role concerning the internal crisis and the litigation against his election.
The governor also thanked Wike, who is the current Minister of the Federal Capital Territory (FCT), whom he described as his “Oga”, for all his support.
He however, called on everyone to join hands with his administration to build a competitive state that will be reckoned with as truly prosperous in all ramifications.
“We have a dream of making Rivers a highly competitive state that will measure, if not up to Lagos, but close to becoming like Lagos. We can only achieve this in an atmosphere of peace.
“So I am calling on everyone, not just on our internal issue, but those members from other parties. The issue is settled, come and let us build the Rivers State of our dream. We will continue to protect and provide the basic needs of governance to everyone who is doing business and who lives in Rivers State.”
He said: “We shall address our state very soon on the victory, but for now, let everybody be happy that one elephant is out of the road, the other one, by God’s help, will be resolved amicably and the family will be one.”
Many individuals and groups have since felicitated Fubara on his victory at the court. One of the groups, the Rivers State Council of the Nigeria Union of Journalists (NUJ) congratulated him on his affirmation by the Supreme Court as the duly elected Governor of the State during the March 18 governorship poll.
The NUJ, in a statement jointly signed by its Chairman, Stanley Job Stanley and Secretary, Ike Wigodo, described the Supreme Court’s declaration as a confirmation of the people’s trust and mandate freely given to the governor.
The statement appealed to Governor Fubara to be magnanimous in victory and also see his victory at the Apex court as a birthday gift to him and the good people of Rivers State.
The NUJ urged the governor not to be distracted by political opponents but to focus on delivering good governance to the people of Rivers State. The Union also advised the opponents to accept the Supreme Court’s judgement in good faith and join hands with the government to move the state forward. “We urge the people of Rivers State, especially the political class, to put all that happened during and after the elections in the state behind them and support the Siminalayi Fubara-led government to succeed and make Rivers State a better place for all”, the statement added.
The Rivers State Elders Council, hailed the judgment of the Supreme Court that affirmed the victory of Governor Fubara in the March 18, 2023 governorship election.
The leader of the Council, Chief Anabs Sara-Igbe, said the Supreme Court’s verdict had freed Fubara from the overbearing posture of his predecessor and estranged political godfather, Nyesom Wike.
THEWILL recalls that the Rivers elders sided with Fubara amid the political crisis between him and Wike.
The group is opposed to the eight-point resolution, which Fubara signed at a reconciliatory meeting convened by President Bola Tinubu in Abuja in December.
“The Rivers elders are very grateful to God for touching the mind of the Supreme Court to do what is right. They have saved Rivers State and they have saved Nigeria.
Meanwhile a group, Rivers Peace Initiative, has advised that the Fubara’s victory does not warrant unhealthy celebration “knowing that this is simply a resolution of a difference between brothers, so as not to fuel the feeling of loss that may result in violence”.
The convener of the group, Obinna Ebogidi, who was reacting to the Supreme Court judgment stressed “In light of this, we call on our politicians to refrain from using inflammatory, derogatory and vexing words to avoid heating up the political and socio-economic landscape of our state. We must realize that everything in life has got its time and season.
“If the dispensation is not favourable to you today, it is not the end of life. The next election cycle may be your season. So, let’s desist from the attitude of tearing down the system simply because it does not appear to favour us. We need to be more accommodating and less confrontational to dissenting views, as they will always be there, no matter what.”
He said politicians should stop forthwith, the obnoxious attacks and disparaging remarks on the office of the Governor of Rivers State.
He equally advised elders in the state “not to take sides nor make statements capable of aggravating the situation on ground as we have seen in recent past. Elders are not judges to decide who is wrong, but peace-makers and speak wisdom to authority. This is your role especially now that the Supreme Court has given its verdict”.
He further appealed to the youths to shun the urge to foment trouble in the state.
“We are also grateful because the right thing is done. We have nothing against Tonye Cole. He is our son. But as it stands today we don’t want Nyesom Wike to get third term. That is what Rivers people are fighting against.”
Speaking with THEWILL on the Supreme Court judgement and its implication for Fubara and Rivers State, a public affairs commentator, Paul Eruwe, said, “The judgement is a good relief on Governor Fubara. Like he himself said, a distraction has been removed and he may only have to manage his godfather, Nyesom Wike. His removal from office would have spell doom for the state, but all is well that ended well.
“Now is the time for Governor Fubara to face the task of governance, the state having been guaranteed his tenure by the Judiciary. Work must begin, less distractions, all actions . That is my advice to him”.
AYO ESAN, has been actively reporting and analyzing political events for different newspapers for over 18 years. He has also successfully covered national and state elections in Nigeria since the inception of this democracy in 1999.
