The Independent National Electoral Commission (INEC) had declared Fubara, representing the PDP, as the winner on 20th March with 302,614 votes, defeating his closest challenger, Patrick Tamunotonye Cole of the APC, who secured 95,274 votes.

Displeased with the outcome, Cole and the APC took their grievances to the tribunal, citing two major issues in their petition:

1. Mr. Fubara's alleged disqualification for not resigning as the Accountant-General/Permanent Secretary within the specified timeframe as per the Electoral Act and the 1999 CFRN.

2. Claims of ballot box stuffing, ballot-box snatching, violence, electoral malpractice, and irregularities during the election.

The tribunal, led by Justice Cletus Emifonye, dismissed the petition in October, citing the withdrawal of the APC from the case while it was ongoing as a key factor. The tribunal maintained that since the sponsoring Party, APC, had withdrawn their case, Cole had no grounds to pursue the petition.

Dissatisfied with this outcome, Cole sought redress at the Appellate Court, where Suit No: CA/ABJ/EP/GOV/RV/121/2023 upheld the tribunal's decision on the incompetence of the suit. However, it differed by ruling that Cole had the right to continue his case despite his Party withdrawing its petition.

Undeterred, Cole took the case to the Apex Court, urging the disqualification of the 2nd respondent (Fubara) and seeking his own declaration as duly elected.

In a unanimous decision, the five-man panel headed by Justice KMO Kekere-Ekun JSC upheld the lower Court's judgment and dismissed Cole's appeal as unmeritorious. This ruling solidifies Amaopusenibo Siminalayi Joseph Fubara's position as the rightful Governor of Rivers State, bringing an end to the legal challenges surrounding the Governorship poll.