The Federal High Court in Abuja has rejected a lawsuit targeting the 27 members of the Rivers State House of Assembly who are aligned with Minister of the Federal Capital Territory (FCT), Nyesom Ezenwo Wike.
The lawsuit sought to replace these lawmakers based on their alleged switch from the People’s Democratic Party (PDP) to the All Progressives Congress (APC). However, the court dismissed the case on several grounds on Friday.
Justice Peter Lifu, who presided over the judgment, stated that the suit, filed by the Action People’s Party (APP), was statute-barred due to not being submitted within the 14-day timeframe mandated by law. Although the alleged defection occurred in December of the previous year, the APP filed the lawsuit on July 12, eight months after the event.
Furthermore, Justice Lifu noted that the case constituted a serious abuse of court process, as multiple suits concerning the same 27 lawmakers’ alleged defection had already been resolved by the Federal High Court.
Citing prior rulings, Justice Lifu emphasized that requests for the replacement of the lawmakers had previously been denied due to insufficient evidence to prove their defection. He referenced a judgment from Justice James Omotosho in July of this year, which prohibited the Independent National Electoral Commission (INEC) from declaring the lawmakers’ seats vacant or conducting new elections.
The judge concluded that since this earlier judgment remains unappealed and has not been overturned, it continues to carry legal weight regarding the defection issues of the 27 legislators. He remarked that it would be improper for him to act as an appellate court concerning a ruling from the same court.
Ultimately, Justice Lifu dismissed the lawsuit based on three primary grounds.
