The Abuja Division of the Federal High Court on Wednesday dismissed a lawsuit filed by 27 lawmakers, led by Martin Amaewhule, against the Independent National Electoral Commission (INEC) in the Rivers House of Assembly.
Justice Peter Lifu delivered the ruling after the plaintiffs themselves withdrew the case.
“The court has meticulously reviewed the notice of discontinuance of this suit, dated and filed on October 30, 2024, by the plaintiffs’ counsel, J. Akubo, Esq.
“The court has also considered all the arguments presented by counsels for both sides,” he stated.
Justice Lifu noted that the suit was initiated by a writ of summons and pointed out that no hearing had yet begun.
“There are pending applications for joinder in this case and an application for a change of counsel. Additionally, there is a request to regularize processes, among others.
“It is my firm belief, in accordance with the law, that a plaintiff may withdraw their case before the hearing date, as has occurred in this instance.
“Based on this reasoning and conclusion, the notice of discontinuance filed on October 30, 2024, is hereby granted, and the entire case is hereby dismissed,” the judge ruled.
The 27 lawmakers, loyal to former Governor of Rivers and Minister of FCT Nyesom Wike, initiated the suit to prevent INEC from conducting a fresh election to fill their seats after their defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
Initially, they filed an ex parte motion marked FHC/ABJ/CS/1681/2023, dated December 13 and submitted on December 15, naming INEC, PDP, the assembly, the assembly clerk, the Inspector-General of Police, and the State Security Service as the first to sixth defendants, respectively.
This motion, sworn to by the factional speaker, Amaewhule, sought five specific reliefs.
In December 2023, Justice Donatus Okorowo of a sister court issued an interim order restraining INEC from conducting a fresh election to fill the lawmakers’ seats.
Justice Okorowo ruled on an ex parte motion moved by the counsel for the defected lawmakers, Peter Onuh, and also restrained INEC, PDP, and the Rivers assembly from declaring their seats vacant or withdrawing their certificates of return pending the hearing and determination of the motion on notice.
Furthermore, the judge granted an interim injunction prohibiting the Inspector-General of Police and the State Security Service from withdrawing or refusing security for the plaintiffs, enabling them to continue performing their constitutional legislative and oversight duties until the motion on notice was heard and resolved.
Although the case initially presided over by Justice Okorowo, it was subsequently reassigned to Justice Lifu for adjudication.
