A suit seeking to replace 27 members of the Rivers State House of Assembly who allegedly defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) has been dismissed by a Federal High Court in Abuja.
Justice Peter Lifu on Friday, dismissed the suit on the ground that the case of the plaintiff was statute-barred having not been filed within the 14 days allowed by law.
The Action People’s Party (APP) had dragged the 27 state legislators said to be loyal to the Minister of the Federal Capital Territory (FCT), Nyesom Ezenwo Wike for violating the constitution after they publicly announced their defection to the APC over a disagreement between the FCT minister and his successor, Governor Siminalaye Fubara.
The APP had specifically prayed the court to declare the seats of the 27 lawmakers vacant and also direct the Independent National Electoral Commission (INEC) to conduct a bye-election to fill the seats.
Delivering judgement yesterday, Justice Peter Lifu held that the case of the plaintiff was statute-barred having not been filed within the 14 days allowed by law.
He noted that the alleged defection was said to have been carried out in December last year, while the APP filed the case on July 12, a period of eight months after the cause of action emanated.
Besides, the court held that the suit was a gross abuse of court process because several similar suits had been adjudicated upon by the Federal High Court.
Lifu, who quoted some previous judgements, observed that the earlier suits were dismissed due to a lack of sufficient evidence to establish the defection of the legislators.
He specifically recalled the judgement of Justice James Omotosho of the Federal High Court, Abuja, delivered in July this year wherein INEC was restrained from declaring the seats of the lawmakers vacant and from conducting any fresh election to replace them.
Justice Lifu said that since the judgement has not been set aside and not appealed against, it remains binding with the force of law as far as the issue of the defection of the 27 lawmakers was concerned.
According to him, doing anything contrary would be tantamount to a display of judicial rascality and assuming the position of the Court of Appeal over the same court.
The judge subsequently dismissed the suit for being incompetent and lacking in merit.
