JUSTICE Peter Lifu of a Federal High Court sitting in the Federal Capital Territory (FCT), Abuja has dismissed a defection suit instituted against the 27 members of the Rivers State House of Assembly loyal to the FCT Minister Nyesom Ezenwo Wike.
The suit, which sought to replace the 27 lawmakers on account of their alleged defection from the People’s Democratic Party (PDP) to the All Progressives Congress (APC), was earlier today thrown out on various grounds.
Among others, Justice Lifu, who delivered the judgment, held that the suit instituted by the Action People’s Party (APP) was statute-barred, having not been filed within the 14 days allowed by law.
While the defection was said to have been carried out in December last year, the APP filed the case on 12 July, a period of 8 months after the cause of action emanated.
Besides, Justice Lifu held that the case was a gross abuse of court processes 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, held that the request for the replacement of the lawmakers had earlier been rejected due to a lack of sufficient evidence to establish the defection of the legislators.
He specifically recalled the judgment of Justice James Omotosho of a 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 them.
Justice Lifu held that since the judgment has not been set aside and not appealed against, it remains binding with the force of law as far as the issue of defection was concerned for the 27 legislators.
He further held that it would amount to a display of judicial rascality for him to sit as an appeal court in the judgment of a court of coordinate jurisdiction.
Based on these grounds, the court dismissed the suit.
Eighteen-Eleven Media