A Federal High Court sitting in Abuja has struck out a suit initiated by 27 lawmakers from the Rivers House of Assembly, led by Mr Martin Amaewhule, against the Independent National Electoral Commission (INEC). The ruling was delivered yesterday (Wednesday) after the plaintiffs decided to withdraw their case.
Justice Peter Lifu held that “The court has painstakingly perused and carefully considered the notice of discontinuance of this suit dated and filed on the 30th of October, 2024, by the learned counsel to the plaintiffs, J. Akubo, Esq.” He also noted that he had considered all arguments presented by the counsel for both sides.
Justice Lifu mentioned that the suit was initiated through a writ of summons and that no hearings had yet taken place. He pointed out that there were pending applications for joinder, a change of counsel, and the regularization of processes related to the case.
“It is, therefore, my considered view in line with the position of the law that a plaintiff can discontinue as of right before the date fixed for hearing of the suit as has been done in this case,” he explained.
“Based therefore on the above reasoning and conclusion, the notice of discontinuance dated and filed on the 30th of October, 2024 hereby succeeds and the instant entire suit is hereby struck out,” Justice Lifu ruled.
The lawmakers, who are aligned with former Rivers State governor and current Minister of the Federal Capital Territory (FCT), Nyesom Wike, filed the lawsuit to prevent INEC from organising a new election to replace them following their defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
Initially, they submitted an ex-parte motion marked FHC/ABJ/CS/1681/2023, dated 13 December and filed on 15 December, against INEC, the PDP, the Assembly, the Assembly’s clerk, the Inspector-General of Police, and the State Security Service, identified as the 1st to 6th defendants, respectively. The motion sought five specific reliefs.
Justice Donatus Okorowo of a related court had previously issued an interim order in December 2023, preventing INEC from conducting a new election to fill the lawmakers’ seats. The interim order was granted during an ex-parte motion filed by the lawmakers’ counsel, Peter Onuh, who also secured a ruling against INEC, PDP, and the Rivers State parliament from declaring their seats vacant or withdrawing their certificates of return until the motion was fully heard.
Additionally, the judge issued an interim injunction barring the Inspector-General and the State Security Service from withdrawing security personnel for the plaintiffs, ensuring they could continue their legislative and oversight duties pending the hearing of the motion.
This case was reassigned from Justice Okorowo to Justice Lifu for further proceedings.
Eighteen-Eleven Media