The Federal High Court in Abuja on Friday dismissed a suit seeking to replace the 27 members of the Rivers State House of Assembly loyal to the Minister of the Federal Capital Territory (FCT), Nyesom Wike.
The lawsuit sought to replace these lawmakers over their alleged switch from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
However, the court, presided by Justice Peter Lifu, dismissed the case on three grounds.
In his ruling, Justice Lifu, stated that the suit, filed by the Action People’s Party (APP), was statute-barred for 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 emphasised 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 court of same jurisdiction.
