Justice Peter Lifu of the Federal High Court, Abuja, on Wednesday dismissed a suit filed by 27 members of the Rivers House of Assembly against the Independent National Electoral Commission (INEC).
The judge dismissed the suit after it was withdrawn by the lawmakers.
He said: “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.”
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 others.
“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 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 added.
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The lawmakers who are loyalists of the Minister of the Federal Capital Territory (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 plaintiffs who are led by the Speaker of the Assembly, Martina Amaewhule, had in a motion ex-parte marked FHC/ABJ/CS/1681/2023/ dated December 13, 2023, sued INEC, PDP, the Assembly, Clerk of the Assembly, Inspector-General of Police and the Department of State Service (DSS).
Justice Donatus Okorowo of the same court in December last year restrained 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 lawmakers, Peter Onuh, also restrained the INEC, PDP, and the parliament from declaring their seats vacant or withdrawing their respective certificates of return pending the hearing and determination of the motion on notice.