September 20, (THEWILL) – The Federal High Court, Abuja, has dismissed a suit seeking to sack Martin Amaewhule and 24 other lawmakers loyal to FCT Minister, Nyesom Wike, as members of the Rivers State House of Assembly.
The 25 lawmakers had allegedly announced their defection to the All Progressives Congress (APC) on December 11, 2023. Subsequently, the Rivers Assembly led by former Speaker Edison Ehie, had on December 13, declared their seats vacant.
The Action Peoples Party (APP) had on July 12 approached the court seeking an order directing the Independent National Electoral Commission (INEC) to conduct elections into their seats.
In his ruling, Justice Peter Lifu held that the case constituted a serious abuse of the court process, as multiple suits challenging the defection of the lawmakers had already been resolved by the Federal High Court.
Citing prior rulings, Justice Lifu emphasised that requests for the replacement of the lawmakers had previously been denied due to insufficient evidence to prove their defection.
He referenced a judgment from Justice James Omotosho in July of this year, which prohibited the Independent National Electoral Commission (INEC) from declaring the lawmakers’ seats vacant or conducting new elections.
The judge concluded that since this earlier judgment remains unappealed and has not been overturned, the membership of their party is not a subject to be contested.
Justice Lifu held it would be improper to act as an appellate court concerning a ruling from the court of the same jurisdiction.
The court declared the suit statute-barred since it was filed outside the 14-day timeframe mandated by law.
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