By Kayode Lawal, Abuja
The Federal High Court in Abuja has dismissed a defection suit instituted against the 27 members of the Rivers State House of Assembly loyal to the Minister of the Federal Capital Territory (FCT), Nyesom Ezenwo Wike.
The suit, which sought to replace the 27 lawmakers on account of their alleged defection from the People’s Democratic Party (PDP) to the All Progressives Congress (APC), was thrown out on Friday on various grounds.
The suit instituted by the Action People’s Party (APP) was statute-barred, having not been filed within the 14-day period allowed by law
Justice Peter Lifu, who delivered the judgment, held that the suit instituted by the Action People’s Party (APP) was statute-barred, having not been filed within the 14-day period allowed by law. While the defection allegedly occurred in December last year, the APP filed the case on July 12, eight months after the cause of action arose.
Besides being statute-barred, Justice Lifu ruled that the case was a gross abuse of court process, citing several previous suits on the alleged defection of the same 27 lawmakers that had been adjudicated upon by the Federal High Court. The judge quoted previous judgments of the Federal High Court, noting 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 specifically recalled the judgment of Justice James Omotosho of the Federal High Court in Abuja, delivered in July this year, where the Independent National Electoral Commission (INEC) was restrained from declaring the seats of the lawmakers vacant and from conducting any fresh election to replace them.
It would amount to judicial recklessness for him to sit as an appeal court in the judgment of the same court. The judge subsequently dismissed the suit on the three major grounds
Justice Lifu stated that since the judgment had not been set aside or appealed against, it remains binding with the force of law regarding the issue of defection for the 27 legislators.
He added that it would amount to judicial recklessness for him to sit as an appeal court in the judgment of the same court. The judge subsequently dismissed the suit on the three major grounds.
