The Federal High Court in Abuja, on Friday, dismissed a suit seeking to replace 27 allegedly defected Rivers State House of Assembly members.
The pro-Wike lawmakers were said to have defected from the Peoples Democratic Party to the All Progressives Congress.
Justice Lifu held that the suit, instituted by the Action Peoples Party and marked FHC/ABJ/CR/978/2024, was statute-barred, as it was not filed within the 14 days allowed by law. The alleged defection was said to have taken place on 12th December 2023.
The APP had filed an originating summons on 12th July 2024, requesting, among other things, that the court declare the Independent National Electoral Commission empowered to declare the seats of the defected lawmakers vacant and conduct by-elections to replace them.
They asked the court to declare that INEC’s failure to conduct by-elections for the vacant seats of the 27 Rivers House of Assembly lawmakers due to their defection was unlawful, illegal, and unconstitutional.
They sought an order for the court to direct the 4th defendant to conduct fresh by-elections within seven days for the Rivers House of Assembly to fill the vacant seats.
They also sought a declaration that INEC has the authority to conduct by-elections to replace the alleged defected lawmakers.
However, in his judgment, Justice Lifu held that the suit, having been instituted on 12th July 2024, eight months after the cause of action (12th December 2023), was statute-barred.
Justice Lifu further ruled that the suit was a gross abuse of the court process, as several similar suits on the same matter, concerning the alleged defection of the 27 lawmakers, had already been adjudicated by the Federal High Court in Abuja, before Justice James Omotosho and Justice Donatus Okorowo.
Justice Okorowo delivered a judgment on 22nd January 2024, on a similar matter, while Justice Omotosho gave a judgment on another similar suit on 24th July 2024, both of which were duly recognised and adopted by Justice Lifu in his ruling.
Justice Lifu noted that his fellow judges, in their previous judgments, had rejected the request to replace the 27 lawmakers due to a lack of sufficient evidence to establish their defection.
He recalled that Justice Omotosho, in his judgment, had restrained INEC from declaring the lawmakers’ seats vacant and from conducting any fresh elections to replace them.
Justice Lifu held that, since the judgment had not been set aside or appealed against, it remained binding with the force of law, as far as the issue of the defection of the 27 lawmakers was concerned.
He said it would amount to a display of judicial rascality for him to sit as an appeal court over the judgment of the same court, and he proceeded to dismiss the suit on three major grounds.
Justice Lifu said, “This action fails on merit, is a gross abuse of court process, statute-barred, and is accordingly dismissed.”
Out of the 29 defendants listed in the suit, INEC, PDP, and 27 Rivers House of Assembly members led by Martins Amaewhule were represented, with 14 of the lawmakers present in court to witness the judgment.
Henry Odili appeared for the plaintiff, Ken Njemanze (SAN) represented the 2nd to 28th defendants, Dr Joshua Musa (SAN) appeared for the 29th defendant, while B. F. Folorunsho also appeared for the PDP.
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