A recent court decision has dismissed a lawsuit aimed at replacing a pro-Wike lawmaker, affirming the current representative’s legitimacy.
Justice Peter Lifu of the Federal High Court in Abuja has dismissed a lawsuit concerning the defection of 27 members of the Rivers State House of Assembly who are aligned with the Minister of the Federal Capital Territory, Nyesom Wike.
The lawsuit aimed to replace these lawmakers based on their purported defection from the People’s Democratic Party (PDP) to the All Progressives Congress (APC) and was dismissed on multiple grounds.
In his ruling delivered on Friday, Justice Lifu determined that the suit brought forth by the Action People’s Party (APP) was barred by statute, as it was not filed within the 14-day period mandated by law.
Although the alleged defection occurred in December of the previous year, the APP initiated the case on July 12, which was eight months after the incident in question.
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Furthermore, Justice Lifu noted that the case constituted a significant abuse of the court’s process, given that multiple lawsuits regarding the same 27 lawmakers’ alleged defection had already been resolved by the Federal High Court.
The judge referenced prior rulings from the Federal High Court, indicating that requests for the replacement of these lawmakers had previously been denied due to insufficient evidence to substantiate their defection.
He specifically mentioned a ruling by Justice James Omotosho of the Federal High Court in Abuja, issued in July, which prohibited the Independent National Electoral Commission (INEC) from declaring the lawmakers’ seats vacant or conducting any new elections for their replacement.
Justice Lifu emphasized that since this judgment has not been overturned or appealed, it remains legally binding concerning the defection issue for the 27 legislators.
He concluded that it would be an inefficient use of judicial resources for him to act as an appellate court regarding a decision made by the same court.
