The Federal High Court in Abuja dismissed a suit on Friday aimed at replacing 27 lawmakers from the Rivers State House of Assembly, who were alleged to have defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
Justice Lifu ruled that the lawsuit, filed by the Action Peoples Party (APP) and marked as FHC/ABJ/CR/978/2024, was statute-barred, as it was submitted outside the 14-day window allowed by law after the alleged defection, which took place on December 12, 2023.
Advertorial
The APP had filed the originating summons on July 12, 2024, seeking declarations from the court regarding the powers of the Independent National Electoral Commission (INEC) to declare the seats of the defected lawmakers vacant and to conduct by-elections.
The plaintiffs contended that INEC’s failure to hold by-elections was unlawful and unconstitutional, asking the court to direct the commission to conduct elections within seven days to fill the vacant seats.
However, Justice Lifu concluded that the suit was initiated eight months after the cause of action arose, rendering it statute-barred.
Advertorial
He characterized the action as a “gross abuse of the court process,” noting that similar cases regarding the alleged defection had already been adjudicated by other judges in the Federal High Court.
Previous judgments, including those by Justices James Omotosho and Donatus Okorowo, had rejected requests to replace the lawmakers, citing insufficient evidence of defection.
Justice Lifu referred to Justice Omotosho’s ruling, which had prohibited INEC from declaring the lawmakers’ seats vacant and from conducting any fresh elections.
Advertorial
Since the earlier judgments had not been overturned or appealed, they remained binding.
Justice Lifu remarked that it would be inappropriate for him to act as an appellate court over the same matter and thus dismissed the suit based on three key grounds: it failed on merit, was statute-barred, and constituted an abuse of court process.
Out of the 29 defendants listed, INEC, the PDP, and the 27 lawmakers, led by Martins Amaewhule, were represented, with 14 lawmakers present in court to observe the proceedings.
Henry Odili represented the plaintiff, while Ken Njemanze (SAN), Dr. Joshua Musa (SAN), and B. F. Folorunsho represented various defendants.
