The Federal High Court sitting in Abuja has declined to compel the Independent National Electoral Commission (INEC), to conduct a by-election to fill the seats of 27 members of the Rivers State House of Assembly who allegedly defected to the All Progressives Congress (APC).
The court on Friday, in the judgement that was delivered by Justice Peter Lifu, dismissed a suit that was entered against the lawmakers by the Action Peoples Party, APP.
It held that though the plaintiff had the legal right to institute the action, its relief could not be granted since the issue of the purported defection of the lawmakers is still the subject matter of several pending cases.
Justice Lifu held that the suit by APP was an invitation for the court to seat on appeal over injunctive orders that were previously made on the matter.
More so, the court noted that whereas it was alleged that the lawmakers decamped from the Peoples Democratic Party, PDP, to the APC on December 11, 2023, the plaintiff filed its suit on July 12, 2024, over eight months after the cause of action arose.
It held that the suit had become statute-barred, adding that the case was equally caught up by the principle of estoppel since the subject matter of the litigation is still awaiting judicial pronouncement.
The court held that the only evidence the plaintiff adduced before it to establish that the defendants decamped from the PDP was a flash drive which it said contained image of people with flags.
Consequently, Justice Lifu dismissed the suit for being an abuse of court process, saying it was a replication of reliefs that are pending before other sister courts.
Meanwhile, among those that were present in court for the judgement included the embattled Speaker of the Rivers State House of Assembly, Hon. Martin Amaewhule and 13 other members of the Assembly that are loyal to the immediate past governor of the state and Minister of the Federal Capital Territory, Mr. Nyesom Wike.
Specifically, the APP had in its suit marked FHC/ABJ/CS/ 978/2024, prayed the court to determine whether by express provisions of the Electoral Act, failure of INEC to issue guidelines or timetable for the conduct of by-election to fill the vacant seats of 27 members of the Rivers State House of Assembly that defected from the party that sponsored their election, was not illegal and unconstitutional.
The APP also prayed the court to hold that inview of the provision of section 109 of the 1999 Constitution, as amended, failure of INEC to conduct a fresh or by-election to fill the vacant seats, was unlawful.
Aside from urging the court to invoke its powers to compel INEC to forthwith conduct the by-election, the plaintiff insisted that the electoral body had a constitutional duty to do so.
It, therefore, prayed the court to mandate INEC to within seven days, issue guidelines for the election.
The plaintiff equally applied for an order of perpetual injunction to restrain the 2nd to 28th defendants from further parading or holding themselves out as members of the Rivers State House of Assembly or undertaking any legislative duty on behalf of the state.
Meanwhile, reacting to the judgement on Friday, the embattled Speaker, Hon. Amaewhule, refuted the claim that he 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.
While INEC was cited as the 1st defendant in the matter, the PDP was listed as the 29th defendant.
It will be recalled that the lawmakers, who won their elections on the platform of the PDP, had reportedly announced their defection to the APC following a rift between governor Siminialayi Fubara and his predecessor, Wike.
Subsequently, Hon. Edison Ehie who immediately took over as the Speaker of the Rivers Assembly, on December 13, 2023, declared seats of the 27 lawmakers vacant owing to their defection.
However, Hon. Ehie, who was loyal to governor Fubara of Rivers state, eventually resigned from the legislative house, a development that led to the emergence of Hon. Victor Oko-Jumbo as his successor.