The Federal High Court in Abuja has thrown out a suit seeking to replace 27 members of the Rivers State House of Assembly who are aligned with Nyesom Ezenwo Wike, Minister of the Federal Capital Territory (FCT).
The Action People’s Party (APP) had filed the suit, accusing the lawmakers of defecting from the People’s Democratic Party (PDP) to the All Progressives Congress (APC).
Delivering the judgment, Justice Peter Lifu dismissed the case on several grounds. First, he ruled that the suit was statute-barred, noting that it was filed eight months after the alleged defection took place in December of the previous year, far beyond the 14-day window allowed by law.
Furthermore, Justice Lifu declared that the suit was a clear abuse of court process, highlighting that similar cases involving the same lawmakers had already been resolved by the Federal High Court. He referenced a prior judgment by Justice James Omotosho, delivered in July, which barred the Independent National Electoral Commission (INEC) from declaring the seats of the lawmakers vacant or conducting fresh elections to replace them.
Justice Lifu emphasized that since the previous ruling had neither been appealed nor overturned, it remains binding. He noted that revisiting the case would be akin to “judicial rascality,” as it would involve acting as an appellate court over a decision from the same court.
On these grounds, the court dismissed the suit, marking a legal victory for the 27 lawmakers and reaffirming the previous court’s decision.
