The Federal High Court in Abuja has dismissed a defection suit against 27 members of the Rivers State House of Assembly who are loyal to the Minister of the Federal Capital Territory (FCT), Nyesom Ezenwo Wike.
The suit, which sought to replace the lawmakers due to their alleged defection from the People’s Democratic Party (PDP) to the All Progressives Congress (APC), was thrown out on Friday on several grounds.
Justice Peter Lifu, who delivered the ruling, declared that the suit, filed by the Action People’s Party (APP), was statute-barred as it was not initiated within the 14-day period stipulated by law.
Although the defection reportedly took place in December last year, the APP filed the case on July 12, eight months after the cause of action occurred.
Justice Lifu ruled that the case was an abuse of court processes, citing that several similar suits regarding the defection of the same 27 lawmakers had already been heard by the Federal High Court.
He referenced the previous judgment delivered by Justice James Omotosho in July, which restrained the Independent National Electoral Commission (INEC) from declaring the lawmakers’ seats vacant or holding fresh elections to replace them.
Justice Lifu further noted that since the earlier judgment had neither been appealed nor overturned, it remained binding, emphasizing that it would be improper for him to review a decision already made by the same court.
He described such an action as “judicial rascality.”
As a result, the suit was dismissed on three major grounds.