Justice Peter Lifu of a Federal High Court in Abuja, on Friday, dismissed a suit seeking to replace 27 members of the Rivers State House of Assembly over their alleged defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
However, a coalition of opposition lawmakers in the House of Representatives has rejected the judgement.
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 Wike and the current 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 in the suit on Friday, Justice Peter Lifu held that the case of the plaintiff was Statute Barred having not been filed within the 14 days allowed by law.
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 on the grounds that 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 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 force of law as far as the issue of defection of the 27 lawmakers was concerned.
According to him, doing anything contrary would 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.
Meanwhile, a coalition of opposition lawmakers in the House of Representatives has rejected the federal high court judgement declaring the decampment of 27 sacked Rivers State lawmakers as a pre-election issue.
The Spokesperson of the Coalition, Hon. Ikenga Ugochinyere, while addressing a press conference in Abuja, on Friday, said the pro-Wike lawmakers’ seats remained vacant.
He explained that in line with the law, they defected to the APC and are no longer members of the PDP.
Ugochinyere insisted that the judgement was an assault on constitutional democracy.
He said he considered it very strange and unknown to law that issues of decampment which could happen any time within the four years mandate of a lawmaker was now being declared a pre-election issue that must come within 14 days like primary election.
Ugochinyere noted: “We totally reject the Federal High Court judgement today September 20, declaring the decampment of 27 sacked Rivers State lawmakers as a pre-election issue.
“The pro-Wike lawmakers’ seats remain vacant because in line with the law they defected to APC and are no longer members of the Peoples Democratic Party (PDP).
“It’s widely known that these 27 lawmakers publicly decamped to APC and have at various times deposed to affidavits even in a suit at the Federal High Court in Suit No. FHC/ABJ/1681/CS/2023 that they’re now members of the APC owing to the alleged crisis in PDP.”
Alex Enumah and Adedayo Akinwale
Follow us on:
