Saturday, September 21, 2024 A Federal High Court in Abuja on Friday dismissed a suit seeking an order declaring the seats of the the 27 members of the Rivers House of Assembly loyal to the Minister of the Federal Capital Territory (FCT), Nyesom Wike, vacant.
Justice Peter Lifu, in a 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.
The 27 lawmakers, led by Martin Amaewhule,
were said to have defected from the Peoples Democratic Party (PDP) to the All
Progressives Congress (APC) on Dec. 11, 2023.
However, the Action People’s Party (APP)
filed the case on July 12, a period of 8 months after the cause of action
emanated.
Delivering the judgment, Justice Lifu 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 Hgh Court (FHC).
The judge, who cited the previous judgments of the FHC
delivered by 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 recalled that in the earlier judgment,
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 that since the judgment
had not been set aside and not appealed against, it remained binding with force
of law as far as the issue of defection is concerned for the 27 legislators.
He said that it would amount to display of
judicial rascality for him to sit as an Appeal Court in the judgment of the
same court.
The judge subsequently dismissed the suit
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