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The judge, Peter Lifu, in a ruling, struck out the suit after it was withdrawn by the lawmakers who were plaintiffs in the case.
The 27 lawmakers filed a notice of discontinuance of the suit through their lawyer, J. Akubo, on Wednesday.
Mr Lifu observed that hearing had yet to commence on the suit, which the lawmakers commenced by a writ of summons.
“There are pending applications for joinder in this suit. There is also an application for change of counsel.
“Aside, there is an application to regularise processes among other,” he added
The judge said the position of the law is that a plaintiff can discontinue a suit as of right before the date fixed for hearing of the suit.
“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.
NAN reports that the 27 lawmakers, loyal to the former Governor of Rivers State and the currently Minister of FCT, Nyesom Wike, filed the suit to restrain INEC from conducting a fresh election to fill their seats on the grounds of defecting from the Peoples Democratic Party (PDP) to All Progressives Congress (APC).
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The lawmakers had initially filed an ex parte application on 15 December against the respondents in the suit – INEC, PDP, the Rivers State House of Assembly, the Clerk of the House of Assembly, the Inspector-General of Police and State Security Service.
The plaintiffs had sought five prayers in the suit.
NAN reports that another judge of the Federal High Court in Abuja, Donatus Okorowo, had in December 2023, issued an interim order restraining INEC from conducting a fresh election to fill their seats.
Mr Okorowo, who gave the ruling following an ex-parte application moved by the lawyer to the defected lawmakers, Peter Onuh, also restrained the INEC, PDP and the Rivers State House of Assembly 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 Inspector General of Police 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 was later reassigned from Mr Okorowo to Mr Lifu, in whose court the plaintiffs withdrew the case on Wednesday.
Governor Siminalayi Vs Wike
The case is a fallout of the ongoing power struggle between Governor Siminalayi of Rivers State and the FCT minister, Mr Wike.
The feud has polarised the House of Assembly into two factions, with 27 members loyal to Mr Wike and four others aligning with Mr Fubara.
The group of 27 members has recently recorded a string of far-reaching court judgements against Mr Fubara, offering them a firmer legal footing in the ongoing legal battles.
In September, the Federal High Court in Abuja delivered a judgement rejecting a move to declare the seats of the 27 pro-Wike lawmakers vacant.
Earlier this month, the Court of Appeal in Abuja nullified the state’s 2024 budget, which had been signed into law and is being implemented by Governor Siminalayi, following objections from the 27 pro-Wike lawmakers. The Court of Appeal judgement also affirmed the 27-member faction led by Speaker Amaewhule as the legitimate legislative authority in the state.
Buoyed by the Court of Appeal judgement, the 27 pro-Wike lawmakers have subsequently declared vacant the seats of three lawmakers supporting Governor Siminalayi.
Coincidentally on Wednesday, the Federal High Court in Abuja gave a judgement, with far-reaching possibility of crippling governance in Rivers State, stopping the disbursement of monthly allocations from the federation account to Rivers State. (NAN)
