Court dismisses suit seeking to compel INEC into by-elections for defected Rivers lawmakers

The Federal High Court in Abuja has declined to order 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 lawmakers were accused of abandoning the Peoples Democratic Party (PDP), the party that sponsored their election.

Justice Peter Lifu, who delivered the ruling, dismissed the suit filed by the Action Peoples Party (APP), stating that while the party had the legal right to bring the case forward, its requests could not be granted.

The judge emphasized that the defection issue is still under judicial review in other pending cases.

The APP had argued that the lawmakers’ defection on December 11, 2023, violated the provisions of the 1999 Constitution and the Electoral Act, demanding INEC hold a by-election to fill their seats.

However, the court noted that the APP had filed its suit eight months after the lawmakers’ defection, making it statute-barred.

Furthermore, Justice Lifu stated that the case was an attempt to bypass earlier court rulings on similar issues.

The only evidence provided by the APP, a flash drive containing images of individuals with flags, was deemed insufficient to establish proof of defection.

The court’s decision also acknowledged that the case was caught up in legal principles, such as estoppel, due to ongoing litigation surrounding the matter.

Among those present in court was the embattled Speaker of the Rivers State House of Assembly, Hon. Martin Amaewhule, who, along with 13 other lawmakers loyal to former governor Nyesom Wike, attended the session.

Hon. Amaewhule refuted claims of defection to the APC, accusing the current governor, Siminialayi Fubara, of trying to oust them from office.

“We never defected from the PDP. This is a mere ploy by the governor to remove us. We will continue to uphold democracy,” Amaewhule said.

The case stems from political tensions in Rivers State following a rift between Governor Fubara and his predecessor, Wike, with reports suggesting that 27 lawmakers defected to the APC in December 2023.