The Federal High Court in Abuja has thrown out a legal challenge aimed at 27 lawmakers from the Rivers State House of Assembly who are aligned with Nyesom Ezenwo Wike, the Minister of the Federal Capital Territory (FCT).
The lawsuit sought to oust these legislators on the grounds that they had purportedly defected from the People’s Democratic Party (PDP) to the All Progressives Congress (APC). However, the court dismissed the case on multiple grounds during a session held on Friday.
Justice Peter Lifu, who presided over the case, stated that the lawsuit brought forth by the Action People’s Party (APP) was barred by statute, as it was not filed within the legally mandated 14-day period following the alleged defection.
While the defectors were said to have made their move in December of the previous year, the APP initiated the lawsuit on July 12, a full eight months after the purported event.
Additionally, Justice Lifu deemed the case an egregious misuse of judicial resources, highlighting that there were already several other cases concerning the defection allegations against the same group of lawmakers that had been resolved by the federal high court.
The judge referenced prior rulings from the federal high court, noting that attempts to replace these lawmakers had previously been denied due to insufficient evidence proving their defection.
He specifically mentioned a ruling by Justice James Omotosho from the same court, delivered in July, which prohibited the Independent National Electoral Commission (INEC) from declaring the lawmakers’ seats vacant or conducting new elections to replace them.
According to Justice Lifu, since this ruling remains unappealed and has not been overturned, it holds binding authority regarding the defection claims against the 27 legislators.
He further remarked that it would be inappropriate for him to act as an appellate court concerning a decision made by the same court.
Ultimately, the judge dismissed the lawsuit based on some key arguments.
