Rivers’ Lawmakers Defection: Court Dismisses LP’s Fresh Election Suit
A Federal High Court sitting in Abuja has struck out a suit filed by the Labour Party (LP) seeking an order to compel the Independent National Electoral Commission (INEC) to conduct fresh election in the Rivers House of Assembly to fill the seats of the lawmakers that defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC)..
TheCourt presided over by Justice James Omotosho struck out the suit after counsel for the Labour Party, F. I. Adariku, applied to withdraw suit.
In the suit, the LP had sought the order of the court to compel INEC to conduct fresh election to fill the seats of the defected lawmakers.
However, the Electoral Commission through its lawyer, Victor Giwa, disagreed with the LP as it filed a preliminary objection and prayed the court to dismiss the suit for being frivolous and incompetent.
Giwa said that the suit is an abuse of court process and therefore urged the court to decline jurisdiction in the case as the plaintiff (LP) lacked the locus standi and territorial jurisdiction to institute the action.
The INEC lawyer further argued that there was a pending case currently ongoing at a Federal High Court, Port Harcourt judicial division with suit number: FHC/PH/CS/25/2024 before Justice E.A Obile, adding that the Port Harcourt suit had same parties and concerned same subject matter which was filed earlier before the instant suit in February.
Shortly after INEC filed its objection, the LP approached the court to withdraw the suit.
Adariku, who held the brief of Kehinde Edun, the LP’s National Legal Adviser, prayed the court to strike it out the suit.
At this point, Mr. S. Adisa, who held the brief of Giwa, did not oppose the application but sought for N500,000 cost.
In his ruling delivered on May 3, 2024 but for which the certified true copy was sighted on Monday, the Court ordered LP to pay N50, 000 as cost.
Justice Omotosho ruled; “It is hereby ordered as follows: that this matter having been withdrawn is hereby struck out.
“That the cost of N50,000.00 is awarded against the plaintiff in favour of the 29th defendant (INEC)”.
