A Federal High Court in Abuja on Friday declined to order the Independent National Electoral Commission (INEC) to conduct by-elections for 27 members of the Rivers State House of Assembly who allegedly defected to the All Progressives Congress (APC).
The court, led by Justice Peter Lifu, dismissed a lawsuit filed by the Action Peoples Party (APP), stating that although the APP had the legal right to initiate the case, the relief sought could not be granted since the lawmakers’ defection is still the subject of multiple ongoing cases.
Justice Lifu noted that the suit was essentially asking the court to reconsider injunctive orders already issued on the matter. Additionally, the court observed that while the lawmakers were said to have defected from the Peoples Democratic Party (PDP) to the APC on December 11, 2023, the APP only filed its suit on July 12, 2024, more than eight months after the cause of action arose.
The court ruled that the case was statute-barred and subject to the principle of estoppel, as the matter is still pending judicial review. It also criticized the plaintiff’s evidence, which consisted only of a flash drive with images of individuals holding flags.
As a result, Justice Lifu dismissed the case, labeling it an abuse of court process and a duplication of ongoing cases in other courts. Among those present at the judgement were the Speaker of the Rivers State House of Assembly, Hon. Martin Amaewhule, and 13 other members aligned with former Rivers State Governor and current Minister of the Federal Capital Territory, Mr. Nyesom Wike.
In its suit, marked FHC/ABJ/CS/978/2024, the Action Peoples Party (APP) asked the court to determine whether, under the provisions of the Electoral Act, INEC’s failure to issue guidelines or a timetable for by-elections to fill the seats of 27 Rivers State House of Assembly members who defected from the party that sponsored their election was illegal and unconstitutional. The APP also sought a ruling that, in line with Section 109 of the 1999 Constitution (as amended), INEC’s failure to conduct fresh elections or by-elections to fill the vacant seats was unlawful.
The APP urged the court to compel INEC to conduct the by-elections immediately, arguing that the electoral body had a constitutional obligation to do so. It also requested that the court mandate INEC to issue election guidelines within seven days.
Additionally, the APP sought a perpetual injunction preventing the 2nd to 28th defendants from continuing to present themselves as members of the Rivers State House of Assembly or performing any legislative duties on behalf of the state. In response to the judgement, Speaker Hon. Martin Amaewhule denied allegations that he had defected to the APC.
“We never defected from the PDP. What you see are mere plan by the Governor of Rivers State to remove us from office. He is afraid of democracy, that is why he is hell-bent on removing all of us.
“He should be reminded that the only way our democracy can survive is when you allow the legislature to function. We will continue to push for our democracy. We will remain undeterred in our quest to make laws for our people,” Hon. Amaewhule, who was flanked by his colleagues, added.
INEC was named as the 1st defendant in the case, while the PDP was listed as the 29th defendant.
The lawmakers, who had been elected under the PDP, reportedly defected to the APC following a conflict between Governor Siminialayi Fubara and his predecessor, Nyesom Wike. In response, Hon. Edison Ehie, who became Speaker of the Rivers State Assembly on December 13, 2023, declared the seats of the 27 defecting lawmakers vacant.
However, Hon. Ehie, who was aligned with Governor Fubara, later resigned from the Assembly. His resignation led to the appointment of Hon. Victor Oko-Jumbo as the new Speaker.
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