Rivers Assembly: Court Dismisses Suit Seeking To Replace 27 Pro-Wike Lawmakers
By Vivian Michael, Abuja
Justice Peter Lifu of the Federal High Court sitting in Abuja, Friday, dismissed a defection suit instituted against the 27 members of the Rivers State House of Assembly loyal to the Minister of the Federal Capital Territory (FCT), Nyesom Wike.
The court describes as abuse of court process the suit seeking to replace the 27 lawmakers on account of their alleged defection from the People’s Democratic Party (PDP) to the All Progressives Congress (APC).
The matter was also dismissed for being status barred because the suit filed the Action People’s Party (APP) outside 14 days allowed by law.
The court explained that while the defection was said to have been carried out in December last year, the APP filed the case on July 12, a period of 8 months after the cause of action was taken.
Besides, Justice Lifu said that the case was a gross abuse of court process on the ground that several suits on the alleged defection of the same 27 lawmakers had been adjudicated upon by the federal high court.
The Judge who quoted the previous judgments of the federal high court said that the request for replacement of the lawmakers had earlier been rejected due to lack of sufficient evidence to establish the defection of the legislators.
He specifically recalled the judgment of Justice James Omotosho of the federal high court in Abuja delivered in July this year where the Independent National Electoral Commission INEC was restrained from declaring the seats of the lawmakers vacant and from conducting any fresh election to replace.
Justice Lifu said that since the judgment has not been set aside and not appealed against, it remains binding with force of law as far as the issue of defection is concerned for the 27 legislators.
He said that it would amount to display of judicial rascality for him to sit as an appeal court in the judgment of the same court.
Consequently, the Judge dismissed the suit on the three major grounds.
