A Federal High Court in Abuja has dismissed a suit filed by the Action People’s Party (APP) that sought to compel the Independent National Electoral Commission (INEC) to conduct elections to replace 27 members of the Rivers Assembly. These lawmakers were alleged to have defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) in December 2023.
In a judgment delivered on Friday, Justice Peter Lifu ruled that the suit was not only barred by statute but also constituted an abuse of court process.
Justice Lifu pointed out that while the 27 lawmakers, believed to be loyal to the Federal Capital Territory’s Nyesom Ezenwo Wike, allegedly defected in December, the APP filed the suit on July 12, nearly eight months after the cause of action arose. He ruled that the case was statute barred, having not been filed within the legally required 14-day period.
In determining that the suit represented a gross abuse of court process, Justice Lifu noted that numerous prior cases concerning the alleged defection of these 27 lawmakers had been resolved by the Federal High Court, all of which were dismissed due to insufficient evidence of defection.
He referenced a judgment by Justice James Omotosho, also of the Federal High Court in Abuja, which was issued in July and prohibited INEC from declaring the lawmakers’ seats vacant or conducting any fresh elections to replace them.
Justice Lifu emphasized that since Justice Omotosho’s ruling has neither been appealed nor overturned, it remains binding concerning the alleged defection of the 27 legislators. He stated that it would be judicial misconduct for him to revisit a judgment made by a fellow judge.
The plaintiff had requested, among other things, that the court direct INEC to hold a by-election for the seats of the alleged defectors. The APP also sought an order barring the lawmakers from claiming to be members of the Rivers State House of Assembly due to their supposed defection from the PDP to the APC.
In response to the ruling, Rivers Speaker Martins Amaewhule affirmed that he and the other 26 lawmakers had not defected from the PDP to the APC. He declared that the judgment reaffirmed his control over the leadership of the Rivers State House of Assembly, emphasizing that true democracy can only flourish by upholding the rule of law and allowing the legislature to function effectively.
He added, “The Rivers State House of Assembly will continue to advocate for democracy and will legislate for the benefit of the good people of Rivers State.”
