Tribunal: APC dumps Cole, withdraws petition against Rivers Gov-elect, Fubara

The All Progressives Congress, APC, on Monday, withdrew the petition it filed to challenge the declaration of Siminalaye Fubara of the Peoples Democratic Party, PDP, as winner of the governorship election that held in Rivers State on March 18.

The ruling party approached the tribunal to withdraw the petition, against the wish of its own gubernatorial candidate, Prince Tonye Cole.

The party, in the withdrawal notice it brought before the court, said it "has now had ample time to re-appraise the facts and circumstances with regard to the conduct leading to the declaration of the result of the general election info the office of the governor of Rivers state."

According to the APC, "upon the conclusion of the review, the 2nd Petitioner/Applicant has elected not to further participate in this petition and has accordingly advised its counsel to apply and have its name struck out from this petition."

APC's application to pull out of the case, came on a day the Justice Cletus Emifoniye was set to resume pre-hearing proceedings on the petition marked: EPT/RV/Gov/10/2023, which had Prince Cole and the party as the 1st and 2nd Petitioners, respectively.

Cited as 1st to 3rs Respondents in the joint petition that Cole and the APC filed on April 9, are; the Independent National Electoral Commission, INEC, Fubara, and the PDP.

Drama ensued shortly after the matter was called up on Monday, as a new lawyer, Mr. Solomon Umoh, SAN, announced his appearance for the APC. 

Umoh told the tribunal that he was briefed by the party to apply for its name to be struck out from the matter.

However, the lawyer that hitherto handled the case for the Petitioners, Mr. Jubril Okutekpa, SAN, said he was not aware of the development as he was not notified by the party.

However, the panel, in its ruling, granted APC's request to be excused from the case and accordingly struck out its name from the petition.

In the application it predicated on Order 9 Rule 15 of the Federal High Court Civil Procedure Rules, 2019, APC, maintained that it was in the interest of justice to grant its request. 

“There is the need to seek the leave of this Honourable Tribunal to strike out the name of the 2nd Petitioner/Applicant, as the Applicant has no intention to participate in this petition," it added.