Justice Peter Lifu of the Federal High Court, Abuja has 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 Nyesom Wike.
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) was dismissed on various grounds.
Delivering judgement on Friday, Justice Lifu held that the suit instituted by the Action People’s Party (APP) was statute-barred and was not filed within 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 July 12, eight months after the cause of action emanated.
Besides, Justice Lifu said that the case was a gross abuse of the 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 a 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 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 pointed out that since the judgement had not been set aside and not appealed against, it remains binding with the force of law as far as the issue of defection is concerned for the 27 legislators.
He added that it would amount to a waste of judicial time for him to sit as an appeal court in the judgment of the same court.
