By Kenneth Atavti
The Federal High Court in Abuja has struck out a suit filed by 27 lawmakers, led by Mr Martin Amaewhule, in the Rivers House of Assembly against the Independent National Electoral Commission (INEC).
Justice Peter Lifu, in a ruling, struck out the suit after it was withdrawn by the lawmakers who were plaintiffs in the case.
“The court has painstakingly perused and carefully considered the notice of discontinuance of this suit dated and filed on the 30th of October, 2024 by the learned counsel to the plaintiffs, J. Akubo esq.
“The court has equally perused and considered all the arguments of learned counsel for all the parties,” he said.
Justice Lifu, who observed that the suit was commenced by a writ of summons, said hearing on the suit was yet to commence.
“There are pending applications for joinder in this suit. There is also an application for a change of counsel.
“Aside, there is an application to regularise processes among other,” he added.
According to him, it is therefore my considered view in line with the position of the law that a plaintiff can discontinue as of right before the date fixed for the hearing of the suit as has been done in this case.
“Based therefore on the above reasoning and conclusion, the notice of discontinuance dated and filed on the 30th of October, 2024 hereby succeeds and the instant entire suit is hereby struck out,” Justice Lifu ruled.
The 27 lawmakers, loyal to the former Governor of Rivers and Minister of FCT, Nyesom Wike, filed the suit to restrain INEC from conducting a fresh election to fill their seats for defecting from the Peoples Democratic Party (PDP) to All Progressives Congress (APC).
The lawmakers had initially, in a motion ex-parte marked FHC/ABJ/CS/1681/2023/ dated December 13 and filed December 15, sued INEC, PDP, the assembly, clerk of the assembly, Inspector-General (I-G) of Police and State Security Service as 1st to 6th defendants respectively.
The motion, deposed to by the factional speaker of the assembly, Amaewhule, had sought five reliefs.
Justice Donatus Okorowo of a sister court had, in December 2023, given an interim order restraining INEC from conducting a fresh election to fill their seats.
Justice Okorowo, who gave the ruling in an ex-parte motion moved by counsel to the defected lawmakers, Peter Onuh, also restrained the INEC, PDP and the Rivers parliament from declaring their seats vacant and withdrawing their respective certificates of return pending the hearing and determination of the motion on notice.
The judge also granted an interim injunction restraining the I-G and SSS from denying or refusing to provide security for the plaintiffs or withdrawing their security details or personnel for the purpose of enabling them to continue with the performance of their constitutional legislative and oversight functions pending the hearing and determination of the motion on notice, among others.
The case, which was before Justice Okorowo, was however reassigned to Justice Life for adjudication.