A Federal High Court in Abuja has dismissed a suit by the Action Peoples Party (APP) seeking to compel the Independent National Electoral Commission (INEC) to conduct election to replace the 27 members of the Rivers State House Assembly loyal to the Minister of Federal Captal Territory (FCT), Nyesom Wike.
The Martins Amaewhule-led 27 Rivers Assembly lawmakers allegedly defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) in December 2023.
In his judgment delivered on Friday, Justice Peter Lifu held that the APP’s suit was not only statute barred, saying that the legal action also constituted an abuse of court process.
Justice Lifu noted that while the 27 lawmakers allegedly defected in December last year, the APP filed the suit on July 12, about 8 months after the cause of action arose.
The judge held the suit was statute barred having not been filed within 14 days as allowed by law.
In holding that the case constituted a gross abuse of court process, Justice Lifu noted that many suits on the same issue of the alleged defection of the same 27 Rivers lawmakers had been decided by the Federal High Court.
He cited some previous judgments of the Federal High Court on cases requesting the replacement of the 27 lawmakers, which cases were all dismissed on the grounds that there were insufficient evidence to establish the defection of the legislators.
Justice Lifu also cited the judgment by Justice James Omotosho (also of the Federal High Court, Abuja) delivered in July, which restrained INEC from declaring the seats of the 27 lawmakers vacant and from conducting any fresh election to replace them.
He held that since the judgment by Justice Omotosho has not been appealed against or set aside on appeal, it remains binding in relation to the issue of the alleged defection of the 27 legislators.
The judge further held that it would amount to a display of judicial rascality for him to sit on appeal over a judgment by his brother judge.
The plaintiff had prayed the court for among others, an other directing INEC to conduct a by-election for the seats of the 27 lawmakers having defected to the APC.
The APP also sought an order stopping the lawmakers from parading themselves as members of the Rivers State House of Assembly on the ac of their defection from PDP to APC.
Meanwhile, the Speaker of the Rivers State House of Assembly, Hon. Martins Amaewhule, has reacted to the court verdict, saying that he and 26 other lawmakers never defected from the PDP to the APP.
He added that with the judgment, the leadership of the Rivers State House of Assembly is under his control, adding that the only way democracy can thrive is to allow the rule of law to prevail and allow the legislature to function.
He said, “Rivers State House of Assembly will continue to push for democracy and will make laws for the good people of Rivers State.”
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