The federal high court in Abuja has dismissed a suit seeking the sack of 27 members of the Rivers state house of assembly loyal to Nyesom Wike, minister of the federal capital territory (FCT).
The suit, instituted by the Action People’s Party (APP), sought to replace the lawmakers on account of their alleged defection from the People’s Democratic Party (PDP) to the All Progressives Congress (APC).
Delivering judgment on Friday, Peter Lifu, the presiding judge, held that the suit was statute-barred because it was not filed within 14 days allowed by law.
Although the lawmakers reportedly defected in December 2023, the APP filed the case on July 12—eight months after the cause of action emanated.
The judge also ruled that the case was a gross abuse of the court process, noting that the federal high court had adjudicated on many suits concerning the alleged defection of the same 27 lawmakers.
The judge, who quoted the previous judgments of the federal high court, said the request for the replacement of the lawmakers had earlier been rejected due to a lack of sufficient evidence to establish the defection of the legislators.
Lifu referred to the judgment of James Omotosho, a federal high court judge, delivered in July, which restrained the Independent National Electoral Commission (INEC) from declaring the seats of the lawmakers vacant and from conducting any fresh election to replace them.
Lifu said Omotosho’s judgment remains binding with the force of law as far as the issue of the 27 legislators is concerned.
He said that it would amount to a display of judicial rascality for him to sit as an appeal court in the judgment of the same court.
Consequently, the judge dismissed the suit.
