Justice Peter Lifu of the Federal High Court in Abuja, Nigeria has dismissed a lawsuit seeking to replace 27 members of the Rivers State House of Assembly who are loyal to the Minister of the Federal Capital Territory, Nyesom Wike.
The lawmakers were accused of defecting from the People’s Democratic Party (PDP) to the All Progressives Congress (APC).
The suit, filed by the Action People’s Party (APP), was dismissed on multiple grounds. In his ruling on Friday, Justice Lifu stated that the case was “statute-barred” because it was not filed within the 14-day period allowed by law. The defection allegedly occurred in December last year, while the APP initiated the case on July 12, eight months later.
Additionally, the judge described the case as a “gross abuse of the court process,” citing that several other suits on the same issue had already been decided by the Federal High Court. Justice Lifu referenced a previous judgment delivered by Justice James Omotosho in July, which restrained the Independent National Electoral Commission (INEC) from declaring the lawmakers’ seats vacant or conducting any fresh elections to replace them.
He emphasized that the earlier judgment had not been set aside or appealed, stating that it remains binding. Justice Lifu concluded that it would be a waste of judicial time for him to preside over the same matter again.
This ruling effectively dismisses the attempt to unseat the lawmakers, preserving their positions despite the accusations of defection.
