The Federal High Court in Abuja dismissed a lawsuit aimed at replacing 27 members of the Rivers State House of Assembly, who were accused of defecting from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
Presided over by Justice Lifu, it ruled that the suit filed by the Action Peoples Party (APP) was statute-barred, as it was not submitted within the legally required 14 days following the alleged defection on December 12, 2023. The APP had initiated the legal action on July 12, 2024, seeking various declarations from the court, including the Independent National Electoral Commission’s (INEC) authority to declare the lawmakers’ seats vacant and to conduct by-elections.
Justice Lifu’s judgment emphasized that the APP’s request was not only untimely but also constituted a misuse of court processes. He noted that similar cases concerning the same lawmakers had already been ruled upon by the court, specifically citing judgments delivered by Justices James Omotosho and Donatus Okorowo earlier in the year.
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Justice Lifu stated, “This action fails on merit, is a gross abuse of court process, statute-barred, and is accordingly dismissed.” He highlighted that previous court rulings had determined there was insufficient evidence to support claims of defection and that INEC had been restrained from declaring the lawmakers’ seats vacant.
The ruling was closely watched, with 14 of the 27 lawmakers present in court. Legal representation included Henry Odili for the plaintiff and several senior advocates for the defendants, including Ken Njemanze (SAN) for the PDP.
