The Federal High Court in Abuja has dismissed a lawsuit seeking to unseat 27 members of the Rivers State House of Assembly, who are loyal to the Minister of the Federal Capital Territory (FCT), Nyesom Wike.
The Action People’s Party (APP) filed the suit, accusing the lawmakers of defecting from the People’s Democratic Party (PDP) to the All Progressives Congress (APC).
Justice Peter Lifu, who delivered the ruling on Friday, dismissed the suit on several grounds, including that it was filed outside the legal timeframe. He ruled that the case was statute-barred, as it was not instituted within the 14-day window required by law. The defection allegedly occurred in December of the previous year, but the APP only filed the case on July 12, eight months later.
Justice Lifu also found the case to be a gross abuse of court process, citing that similar suits regarding the defection of the same 27 lawmakers had already been adjudicated by the Federal High Court. He referenced a July judgement by Justice James Omotosho, which barred the Independent National Electoral Commission (INEC) from declaring the lawmakers’ seats vacant or conducting fresh elections to replace them.
Since Justice Omotosho’s ruling has neither been overturned nor appealed, Justice Lifu stated that it remains binding. He emphasised that it would be inappropriate for him to act as an appellate court over a decision made by the same court.
On these grounds, the court dismissed the APP’s suit, bringing the legal challenge to a close.
Further details to follow.
