Anita Ogona
Federal High Court Dismisses APP’s Suit Against Rivers State House of Assembly, INEC, and PDP
In a significant development today, the Federal High Court sitting in Abuja has delivered a judgment that brings finality to the case filed by the Action People’s Party (APP) against the Rivers State House of Assembly (RSHA), the Independent National Electoral Commission (INEC) and the People’s Democratic Party (PDP)
The APP had sought a review of earlier court rulings concerning the status and legitimacy of the Rivers State House of Assembly and the electoral processes overseen by INEC and the PDP. The court, however, rejected the APP’s request, affirming that it had no jurisdiction to act as an appellate body over a judgment already rendered by another competent court.
In his ruling, the Judge stated, “This court cannot in no doubt sit on appeal in a declaration of its brother judgement,” underscoring that the legal principles governing the matter were already settled by the previous court’s decision.
The judge who quoted the 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 pointed out that since the judgement had not been set aside and not appealed against, it remains binding with the force of law as far as the issue of defection is concerned for the 27 legislators.
He added that it would amount to a waste of judicial time for him to sit as an appeal court in the judgment of the same court.
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