The Federal High Court in Abuja, on Friday, rejected a bid to force the Independent National Electoral Commission (INEC) to conduct by-elections for the 27 seats in the Rivers State House of Assembly, allegedly vacated by lawmakers who defected to the All Progressives Congress (APC).
In his judgment, Justice Peter Lifu dismissed the suit filed by the Action Peoples Party (APP) against the lawmakers. The APP had sought a court order mandating INEC to hold by-elections, claiming the lawmakers’ defection from the Peoples Democratic Party (PDP) rendered their seats vacant.
However, Justice Lifu held that the relief sought by the plaintiff could not be granted, as the issue of the lawmakers’ defection was already a subject of multiple pending legal cases. The court further noted that the APP’s suit, filed on July 12, 2024—more than eight months after the alleged defection on December 11, 2023—was statute-barred, rendering the case inadmissible.
The court emphasized that the case was also caught by the principle of estoppel, as related matters were still awaiting judicial decisions.
Justice Lifu added that the plaintiff’s sole evidence, a flash drive containing an image of people with flags, was insufficient to prove the alleged defection.
Consequently, the judge dismissed the suit, describing it as an abuse of court process and a repetition of claims already pending in other courts.
Among those present in court for the ruling were embattled Speaker of the Rivers State House of Assembly, Hon. Martin Amaewhule, and 13 other lawmakers loyal to former governor and current Minister of the Federal Capital Territory, Nyesom Wike.
In its suit, marked FHC/ABJ/CS/978/2024, the APP asked the court to determine whether INEC’s failure to issue guidelines for the by-election, after the purported defection, was unconstitutional. The party also sought an order compelling INEC to conduct fresh elections to fill the allegedly vacant seats.
The plaintiff further prayed for a perpetual injunction to prevent the lawmakers from continuing to act as members of the Assembly, arguing that INEC had a constitutional duty to conduct the by-elections within a stipulated timeframe.
Responding to the judgment, Speaker Amaewhule denied the defection claims, asserting that the case was part of a broader effort by Rivers State Governor Siminialayi Fubara to unseat them.
“We never defected from the PDP. What you see are mere plans by the Governor of Rivers State to remove us from office. He is afraid of democracy, which is why he is bent on removing all of us,” Amaewhule said, flanked by his colleagues.
The dispute stems from tensions between Governor Fubara and his predecessor, Wike. Following the rift, Hon. Edison Ehie, then Speaker of the Assembly, declared the seats of the 27 lawmakers vacant due to their alleged defection. Ehie, who was aligned with Fubara, later resigned, and Hon. Victor Oko-Jumbo succeeded him as Speaker.
INEC was listed as the 1st defendant in the suit, while the PDP was listed as the 29th defendant.