By Jane Okafor, Abuja
ABUJA: A Federal High Court sitting in Abuja has dismissed a suit instituted against the 27 members of the Rivers State House of Assembly seeking to replace them on account of alleged defection from the People’s Democratic Party (PDP) to the All Progressives Congress (APC).
The Court dismissed for lacking in merit, stressing that the application was an abuse of the judicial process.
Justice Peter Lifu who delivered the judgment held that the suit instituted by the Action People’s Party APP was statute barred having not been filed within 14 days prescribed by law.
While the alleged defection by Martins Amaewhule and 26 others was said to have occurred in December 2023, the APP filed the case on July 12, that is eight months after the cause of action emanated.
Justice Lifu also held that the case was a gross abuse of court process 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 plaintiffs were asking the court for an other directing INEC to conduct a by-election for the seats of the 27 lawmakers having allegedly defected to the APC.
However, Speaker of the Rivers State House of Assembly Martins Amaewhule in his reaction to the judgement, said he and 26 other lawmakers did not defect from the PDP to the APC.