By Abiola Olawale
A Federal High Court sitting in Abuja has struck out a legal action seeking the replacement of 27 members of the Rivers State House of Assembly loyal to the Minister of the Federal Capital Territory (FCT), Nyesom Wike.
The presiding judge, Justice Peter Lifu, held that the suit was statute barred.
The judge declared that the applicant, the Action People’s Party (APP), failed to adhere to the 14-day stipulated time allowed by law.
Justice Lifu said while the defection which the APP is challenging was said to have been carried out in December last year, the party filed the case on July 12, eight months after the cause of action emanated.
Also, the judge said the case was a gross abuse of the 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 judge who quoted previous judgments of the Federal High Court said that the request for replacement of the lawmakers had earlier been rejected due to a lack of sufficient evidence to establish the defection of the legislators.
He specifically recalled the judgment of Justice James Omotosho of the Federal High Court in Abuja delivered in July where the Independent National Electoral Commission (INEC) was restrained from declaring the seats of the lawmakers vacant and from conducting any fresh election to replace them.
Justice Lifu emphasized that as the judgement has not been set aside or appealed against, it retains its binding force of law concerning the issue of defection for the 27 legislators.
The New Diplomat reports that Rivers State has been in the news for over eight months following the cold war between Governor Siminalayi Fubara and his predecessor, Wike.
While the reasons for the acrimony between the duo remain top secret, some insider sources had said that Wike and Fubara had been purportedly battling for control of the oil-rich state’s resources and political machinery.
The crisis has since festered, as about 25 lawmakers of the Rivers State House of Assembly including the Speaker, Rt. Hon Martins Amaewhule purportedly dumped the PDP and issued threats to impeach Fubara.
However, the lawmakers have since denied the defection rumours, saying they are still card-carry members of the PDP.
