The Federal High Court, sitting in Abuja on Friday, dismissed a suit seeking the replacement of the 27 members of the Rivers State House of Assembly loyal to the Minister of the Federal Capital Territory (FCT), Nyesom Wike.
The suit seeking to replace the 27 lawmakers on account of their alleged defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) was dismissed by the trial judge, Justice Peter Lifu, on various grounds.
Justice Lifu in the judgement held that the suit instituted by the Action Peoples Party (APP) was statute barred having not been filed within 14 days allowed by law.
While the alleged defection by Martins Amaewhule and 26 other lawmakers was said to have been carried out in December 2023, the APP filed the case on July 12, a period of 8 months after the cause of action emanated.
Justice Lifu also held that the case was a gross abuse of court process on the ground that several suits on the alleged defection of the same 27 lawmakers had been adjudicated upon by the Federal High Court.
The judge who quoted the previous judgements of the Federal High Court said the request for replacement of the lawmakers had earlier been rejected due to a lack of sufficient evidence to establish the defection of the lawmakers.
He specifically recalled the judgement of Justice James Omotosho of the Federal High Court in Abuja delivered in July this year, where the Independent National Electoral Commission (INEC) was restrained from declaring the seats of the lawmakers vacant and from conducting any fresh election to replace them.
Justice Lifu said, that since the judgement has not been set aside and not appealed against, it remains binding with force of law as far as the issue of defection is concerned for the 27 lawmakers, and added that it would amount to a display of judicial rascality for him to sit as an appeal court in the judgement of the same court.
The judge subsequently dismissed the suit for being statute-barred, abuse of court process, and lacking in merit.
The plaintiff, in the suit, prayed the court for an order directing INEC to conduct a bye-election for the seats of the 27 lawmakers who had 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 account of their defection from PDP to APC.
Reacting to the judgement, Speaker of the Rivers State House of Assembly Martins Amaewhule said he and 26 other lawmakers never defected from the PDP to the APC.
With the judgement of the court, the Speaker said 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.
“Rivers State House of Assembly will continue to push for democracy and will make laws for the good people of Rivers State,” he told newsmen at the premises of the court after the judgement.
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