Court dismisses suit seeking to replace 27 pro-Wike lawmakers in Rivers

A Federal High Court sitting in Abuja has dismissed a suit seeking an order declaring the seats of the 27 members of the Rivers House of Assembly loyal to the Minister of the Federal Capital Territory (FCT), Nyesom Wike, vacant.

The presiding judge, Justice Peter Lifu, in a judgement delivered on Friday, September 20, 2024, held that the suit instituted by the Action Peoples Party (APP) was statute-barred, having not been filed within 14 days allowed by law.

The 27 lawmakers, led by Martin Amaewhule, defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) on December 11, 2023.

However, the APP filed the case on July 12, a period of 8 months after the cause of action emanated.

Delivering the judgement, Justice Lifu held that the case was a gross abuse of the court process on the ground that the Federal High Court had adjudicated upon several suits on the alleged defection of the same 27 lawmakers.

The judge, who cited the previous judgements of the court delivered by Justice James Omotosho, said 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 recalled that in the earlier judgement, Justice Omotosho restrained the Independent National Electoral Commission (INEC) from declaring the seats of the lawmakers vacant and from conducting any fresh election.

Justice Lifu said since the judgement had not been set aside and not appealed against, it remained binding with the force of law as far as the issue of defection is concerned for the 27 lawmakers.

The judge 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.

Justice Lifu subsequently dismissed the suit.