Justice Lifu Rules Case Lacks Merit, Describes It as Abuse of Process
In a significant legal decision, the Federal High Court in Abuja has dismissed a lawsuit challenging the political allegiance of 27 lawmakers from the Rivers State House of Assembly. The suit, filed by the Action People’s Party (APP), sought to remove the legislators for allegedly defecting from the People’s Democratic Party (PDP) to the All Progressives Congress (APC). However, Justice Peter Lifu ruled that the case lacked merit and was statute-barred due to its late filing.
The plaintiffs had argued that the lawmakers, led by Speaker Martins Amaewhule, defected from the PDP to the APC in December 2023 and called for the Independent National Electoral Commission (INEC) to conduct by-elections to replace them. However, the court found that the APP failed to file the suit within the legally prescribed 14-day window following the alleged defection, as required by the Nigerian Constitution.
Justice Lifu, while delivering the judgment, emphasized that the suit was filed eight months after the alleged defection, which occurred in December 2023. The Action People’s Party only instituted legal action on July 12, 2024, far beyond the constitutional timeframe. This delay, the judge noted, rendered the case statute-barred, meaning it could no longer be heard due to the expiration of the filing period.
In addition to the timeliness issue, Justice Lifu criticized the plaintiffs for abusing the court process. According to the judge, several lawsuits regarding the alleged defection of the same lawmakers had already been adjudicated by the Federal High Court. He described the APP’s attempt to revisit the issue as a “gross abuse of court process,” which further undermined the legitimacy of their claims.
“The suit filed by the Action People’s Party is not only statute-barred but also an unnecessary duplication of previous cases that have been fully addressed in this court. The court cannot entertain such matters, which clearly have no legal standing due to the timing and repetitive nature of the claim,” Justice Lifu remarked in his ruling.
The plaintiffs had hoped for a court order directing INEC to conduct fresh elections for the 27 seats, arguing that the lawmakers no longer represented their original party. However, with the court’s decision, the Rivers State lawmakers will remain in their positions.
In response to the ruling, the Speaker of the Rivers State House of Assembly, Martins Amaewhule, expressed relief and maintained that neither he nor his colleagues had ever defected from the PDP to the APC. “This is a clear victory for democracy and the rule of law. I have said it before, and I will say it again: we remain loyal members of the People’s Democratic Party,” Amaewhule stated in a press release.
The lawsuit, which had drawn considerable attention in political circles, now sets a legal precedent for cases involving political defections. While defections within Nigerian politics are not uncommon, this ruling underscores the importance of adhering to legal processes and timelines when challenging such moves in court.
Political analysts believe that the outcome of this case will likely deter similar lawsuits that attempt to revisit past political actions without adhering to the constitutional requirements. As the dust settles on this case, it leaves behind a strong reminder that the courts remain a critical pillar in upholding the rule of law, especially in politically charged situations.
For now, the 27 lawmakers will continue their legislative duties, with their political standing reaffirmed by the Federal High Court’s ruling. Whether the APP or any other party will seek further legal recourse remains to be seen, but for now, the Rivers State Assembly remains intact, unaffected by the legal storm that briefly threatened its members.
