The Federal High Court sitting in Abuja on Friday dismissed a suit seeking to replace 27 members of the Rivers State House of Assembly and loyalists of the Minister of the Federal Capital Territory (FCT), Nyesom Ezenwo Wike.
The suit seeking to replace the 27 lawmakers on account of their alleged defection from the People’s Democratic Party (PDP) to the All Progressives Congress (APC) was thrown out on various grounds.
Among others, Justice Peter Lifu who delivered the judgment held that the suit instituted by the Action People’s Party APP was statute barred having not been filed within 14 days allowed by law.
While the defection was said to have been carried out in December 11, 3023 the APP filed the case on July 12, 2024 a period of 8 months after the cause of action arosed.
Besides, Justice Lifu said 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 copiously the previous judgments of the federal high court delivered by Justice Donatus Okoro ,now of the Court of Appeal said Justice James Omotosho said that the request for replacement of the lawmakers had earlier been rejected due to lack of sufficient evidence to establish the defection of the legislators.
He specifically referred to the judgment 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.
Justice Lifu said that since the judgment 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 legislators.
Justice Lifu held that the suit of the plaintiff was an abuse of court processes with similar reliefs and defendants as those of the earlier suits already decided by the court.
He said that it would amount to display of judicial rescality for him to sit on appeal in the judgment of the same court.
Subsequently, he dismissed the suit on it entirety for lacking in merit. He made no order as to cost.