A Federal High Court in Abuja on Friday 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.
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 News Agency of Nigeria (NAN) reports that 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 the 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 (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 the force of law as far as the issue of defection was concerned for the 27 legislators.
He said that it would amount to a display of judicial rascality for him to sit on an Appeal Court in the judgment of the same court.
The judge subsequently dismissed the suit.