Federal High Court Dismisses Suit Seeking Replacement of Pro-Wike Lawmakers
The Federal High Court in Abuja has dismissed a suit aimed at replacing 27 lawmakers from the Rivers State House of Assembly who are loyal to Nyesom Wike, the former governor of Rivers State and current Minister of the Federal Capital Territory. This legal action was initiated due to allegations of these lawmakers defecting from the People’s Democratic Party (PDP) to the All Progressives Congress (APC). Here’s a detailed look at why the court dismissed the suit:
A Federal High Court in Abuja has delivered a landmark judgment, dismissing a lawsuit seeking to replace 27 lawmakers from the Rivers State House of Assembly who are loyal to former governor Nyesom Wike.
_Background of the Case_
The Action People’s Party (APP) filed the lawsuit, alleging that the lawmakers had defected from the People’s Democratic Party (PDP) to the All Progressives Congress (APC). However, the lawmakers in question, including Speaker Martins Amaewhule, have consistently denied defecting from the PDP.
_Court Ruling_
Justice Peter Lifu, who delivered the judgment, ruled that the suit was “statute barred” due to its late filing, eight months after the alleged defection. Additionally, the judge noted that several other suits related to the same issue had already been adjudicated upon by the Federal High Court, rendering this one an abuse of court process.
_Key Points from the Judgment_
– The lawsuit was filed outside the 60-day timeframe stipulated by law.
– Previous court decisions on similar matters render this suit an abuse of process.
– The lawmakers’ alleged defection is disputed, and no concrete evidence was presented.
_Implications_
This ruling has significant implications for the political landscape in Rivers State:
– The 27 lawmakers will retain their seats in the State House of Assembly.
– The PDP maintains its majority in the Assembly.
– Former governor Nyesom Wike’s influence remains intact.
_Reactions_
– APP officials expressed disappointment with the judgment, vowing to appeal.
– Rivers State PDP Chairman, Aaron Chukwuemeka hailed the ruling as a “victory for democracy.”
– Speaker Martins Amaewhule praised the court’s decision, reaffirming his commitment to serving the people of Rivers State.
_What’s Next?_
The APP has indicated its intention to appeal the judgment. The case may proceed to the Court of Appeal, potentially setting a precedent for future defection disputes.
- Statute-Barred: The suit was dismissed as being filed too late, specifically beyond the 14-day limit allowed by law after the alleged defection occurred in December of the previous year. It was filed only on July 12, which made it statute-barred.
- Abuse of Court Process: The court found that the case constituted an abuse of court process because multiple suits concerning the same defection had already been adjudicated by the Federal High Court. This repetition was seen as an attempt to revisit already settled issues.
- Previous Judgments: Justice Peter Lifu, who delivered the judgment, referenced previous court decisions, particularly one by Justice James Omotosho, where the Independent National Electoral Commission (INEC) was barred from declaring the lawmakers’ seats vacant or conducting fresh elections. Since these judgments were not appealed or set aside, they remain legally binding.
- Lack of Evidence: There was insufficient evidence presented to establish that the lawmakers had indeed defected, which was central to the case for their replacement.
This dismissal underscores the judiciary’s stance on respecting legal timelines, avoiding repetitive litigation, and honoring judicial precedents unless they are overturned. The court’s decision effectively means that the current status of these lawmakers remains unchanged, and they continue to hold their legislative seats without immediate threat of replacement due to the alleged defection.
