The Federal High Court in Abuja has dismissed a defection suit filed against 27 members of the Rivers State House of Assembly who are aligned with the Minister of the Federal Capital Territory (FCT), Nyesom 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.
Justice Peter Lifu, who delivered the judgment, ruled that the suit filed by the Action People’s Party (APP) was statute-barred. The court found that the APP failed to file the case within the 14-day window permitted by law. While the alleged defection took place in December 2023, the APP only brought the case on July 12, eight months after the fact.
Additionally, Justice Lifu noted that the case constituted a gross abuse of the judicial process, as similar cases involving the same 27 lawmakers had already been adjudicated by the Federal High Court. The judge cited previous rulings, including a judgment by Justice James Omotosho in July 2023, which had restrained the Independent National Electoral Commission (INEC) from declaring the lawmakers’ seats vacant or conducting fresh elections to replace them.
Justice Lifu emphasized that since the previous judgment had neither been appealed nor overturned, it remained legally binding. He further asserted that it would be inappropriate for him to act as an appellate court over a decision made by the same Federal High Court.
