By PAULINE PODKA
A Federal High Court sitting in Abuja, has dismissed a suit seeking to replace 27 lawmakers in the State House of Assembly loyal to the Minister of the Federal Capital Territory (FCT), Nyesom Wike.
Pentoks News learnt that the faction of Rivers Assembly lawmakers is led by Martin Amaewhule.
There had been move to remove the lawmakers from the Assembly by the few lawmakers loyal the state governor, Siminalayi Fubara, following their alleged defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
The suit seeking to replace the 27 lawmakers was thrown out on various grounds on Friday.
Among others, Justice Peter Lifu who delivered the judgement held that the suit instituted by the Action People’s Party (APP) was statute-barred, having not been filed within the 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, a period of eight months after the cause of action emanated.
Besides, Justice Lifu held that the case was a gross abuse of court processes 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 judgements of the Federal High Court said the request for replacement of the lawmakers had earlier been rejected due to lack of sufficient evidence to establish the defection of the legislators.
He specifically recalled the judgement of Justice James Omotosho of the Federal High Court in Abuja delivered in July this year, 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 said that since the judgement has 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 said that it would amount to a display of judicial rascality for him to sit as an appeal court in the judgement of the same court.
The court held that the only evidence the plaintiff adduced before it to establish that the defendants decamped from the PDP was a flash drive which it said contained image of people with flags.
Consequently, Justice Lifu dismissed the suit for being an abuse of court process, saying it was a replication of reliefs that are pending before other sister courts.
Meanwhile, among those that were present in court for the judgement included the embattled Speaker of the Rivers State House of Assembly, Martin Amaewhule and 13 other members of the Assembly that are loyal to the immediate past governor of the state and Minister of the Federal Capital Territory, Mr. Nyesom Wike.
Specifically, the APP had in its suit marked FHC/ABJ/CS/ 978/2024, prayed the court to determine whether by express provisions of the Electoral Act, failure of INEC to issue guidelines or timetable for the conduct of by-election to fill the vacant seats of 27 members of the Rivers State House of Assembly that defected from the party that sponsored their election, was not illegal and unconstitutional.