Court dismisses APP’s suit seeking to replace 27 Rivers pro-Wike lawmakers

A Federal High Court in Abuja has dismissed a suit by the Action People’s Party (APP) seeking to compel the Independent National Electoral Commission to conduct election to replace the 27 members of the Rivers Assembly, who allegedly defected from the Peoples Democratic Party to the All Progressives Congress in December 2023.

While the lawmakers are loyal to a former governor of Rivers State and present Minister of the FCT, Nyesom Wike, APP is believed to have the support of the incumbent state Governor, Siminalayi Fubara.

Justice Peter Lifu, in a judgment on Friday, held that the suit was not only statute barred, it also constituted an abuse of court process.

Justice Lifu noted that while the 27 lawmakers, believed to be loyal to the Federal Capital Territory (FCT), Nyesom Ezenwo Wike, allegedly defected in December last year, the APP filed the suit on July 12, about 8 months after the cause of action arose.

The judge held the suit was statute barred having not been filed within 14 days as allowed by law.

In holding that the case constituted a gross abuse of court process, Justice Lifu noted that many suits on the same issue of the alleged defection of the same 27 Rivers lawmakers had been decided by the Federal High Court.

He referred to some previous judgments of the Federal High Court on cases requesting the replacement of the 27 lawmakers, which cases were all dismissed on the grounds that there were insufficient evidence to establish the defection of the legislators.

Justice Lifu cited the judgment by Justice James Omotosho (also of the Federal High Court, Abuja) delivered in July, which restrained INEC from declaring the seats of the 27 lawmakers vacant and from conducting any fresh election to replace them.

He held that since the judgment by Justice Omotosho has not been appealed against or set aside on appeal, it remains binding in relation to the issue of the alleged defection of the 27 legislators.

The judge said it would amount to a display of judicial rascality for him to sit on appeal over a judgment by his brother judge.

The plaintiff had prayed the court for among others, an order directing INEC to conduct a by-election for the seats of the 27 lawmakers having defected to the APC.

The APP equally sought an order stopping the lawmakers from parading themselves as members of the Rivers state House of Assembly on the account of their defection from the PDP to the APC.

Reacting to the judgment, Rivers Speaker, Martins Amaewhule, said he and 26 other lawmakers never defected from the PDP to the APC.

Amaewhule said with the judgment, the leadership of the Rivers State House of Assembly is under his control, adding that the only way democracy can thrive is to allow the rule of law to prevail and allow the legislature to function.

He added, “Rivers State House of Assembly will continue to push for democracy and will make laws for the good people of Rivers State.”