A Federal High Court in Abuja has dismissed a suit seeking to replace 27 Rivers State House of Assembly members who allegedly defected from the People’s Democratic Party (PDP) to the All Progressive Congress (APC).
Justice Lifu held that the suit, instituted by the Action Peoples Party (APP) and marked FHC/ABJ/CR/978/2024, was statute-barred, as it was not filed within the 14 days allowed by law.
According to Persecondnews, the alleged defection occurred on December 12, 2023.
On July 12, 2024, the APP filed an originating summons, seeking a court declaration that the Independent National Electoral Commission (INEC) has the authority to declare the seats of 27 lawmakers vacant and conduct by-elections to replace them.
The plaintiffs argued that INEC’s refusal to conduct by-elections for the 27 vacant Rivers House of Assembly seats was unlawful, illegal, and unconstitutional.
They requested a court order compelling INEC to conduct fresh by-elections within seven days to fill the vacant seats.
They also sought a declaration that INEC has the authority to conduct by-elections to replace the alleged defected lawmakers.
However, in his judgment, Justice Lifu held that the suit, having been instituted on 12 July 2024, eight months after the cause of action (12 December 2023), was statute-barred.
Justice Lifu further ruled that the suit was a gross abuse of the court process, as several similar suits on the same matter, concerning the alleged defection of the 27 lawmakers had already been adjudicated by the Federal High Court in Abuja before Justice James Omotosho and Justice Donatus Okorowo.
Justice Okorowo delivered a judgment on 22 January 2024, on a similar matter, while Justice Omotosho gave a judgment on another similar suit on 24 July 2024, both of which were duly recognised and adopted by Justice Lifu in his ruling.
Justice Lifu noted that his fellow judges, in their previous judgments, had rejected the request to replace the 27 lawmakers due to a lack of sufficient evidence to establish their defections.
He recalled that Justice Omotosho, in his judgment, had restrained INEC from declaring the lawmakers’ seats vacant and from conducting any fresh elections to replace them.
Justice Lifu held that, since the judgment had not been set aside or appealed against, it remained binding with the force of law, as far as the issue of the defection of the 27 lawmakers was concerned.
He said it would amount to a display of judicial rascality for him to sit as an appeal court over the judgment of the same court, and he proceeded to dismiss the suit on three major grounds.
Justice Lifu said: “This action fails on merit, is a gross abuse of court process, statute-barred, and is accordingly dismissed.”
Representatives from INEC, PDP, and 27 Rivers House of Assembly members, led by Mr. Martins Amaewhule, were present in court, with 14 lawmakers attending to hear the judgment.
Mr. Henry Odili represented the plaintiff, while Mr. Ken Njemanze (SAN) and Dr. Joshua Musa (SAN) defended the 2nd-28th and 29th defendants, respectively.
Additionally, Mr. B.F. Folorunsho appeared on behalf of the Peoples Democratic Party (PDP).
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