Justice Peter Lifu of the Federal High Court, Abuja on Wednesday struck out a suit filed by the defected 27 lawmakers of the Rivers State House of Assembly led my Mr. Martin Amaewhule,
The striking out of the suit was consequent upon its withdrawal by the lawmakers.
The lawmakers had instituted the case seeking to bar the Independent National Electoral Commission (INEC), their former party, the Peoples Democratic Party (PDP) and othere relevant agencies from conducting fresh election to fill their seats.
Striking the suit out, Justice Peter Lifu stated that “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.”
The judge also stated that the suit was commenced by a writ of summons, and that the hearing on the suit was yet to commence.
He said, “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.”
Recall that the Chief Justice of Nigeria (CJN), Justice Kudirat Kekere-Ekun had earlier in the week summoned judicial officers involved in the various conflicting judgements emanating from the political crisis in Rivers State.
The 27 lawmakers who are loyalists of the former governor of Rivers State and current minister of the FCT, Mr. Nyesom Wike, had 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.
The matter was initially assigned to the court of Honourable Justice Donatus Okorowo in December 2023.
The Judge subsequently granted the reliefs sought by the lawmakers and gave an interim order restraining INEC from conducting a fresh election to fill their seats
The judge also granted an interim injunction restraining the Inspector General of Police and the Director General of the Department of State Service (DSS) 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.