Justice Peter Lifu of the Federal High Court in Abuja has dismissed a lawsuit filed against 27 members of the Rivers State House of Assembly, who are loyal to the Minister of the Federal Capital Territory, Nyesom Wike.
The suit sought to remove the lawmakers over their alleged defection from the People’s Democratic Party (PDP) to the All Progressives Congress (APC). However, it was dismissed on multiple grounds.
In his ruling on Friday, Justice Lifu stated that the lawsuit, brought by the Action People’s Party (APP), was statute-barred and not filed within the 14-day window required by law.
The defection reportedly occurred in December of the previous year, but the APP only filed the case on July 12, eight months after the incident.
Additionally, Justice Lifu ruled that the case constituted a gross abuse of the court process, as similar suits regarding the defection of the same 27 lawmakers had already been decided by the Federal High Court.
The judge, referencing previous rulings by the Federal High Court, noted that the request to replace the lawmakers had been rejected earlier due to insufficient evidence to prove their defection.
He specifically mentioned the July ruling by Justice James Omotosho of the Federal High Court in Abuja, which restrained the Independent National Electoral Commission (INEC) from declaring the lawmakers’ seats vacant or holding any fresh elections to replace them.
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Justice Lifu emphasized that, since the ruling has neither been overturned nor appealed, it remains legally binding concerning the defection of the 27 legislators.
He added that it would be a waste of judicial time for him to act as an appellate court reviewing the judgment of the same court.
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