A Federal High Court sitting in Abuja on Wednesday struck out a suit filed by 27 pro-Wike lawmakers in the Rivers House of Assembly, led by factional Speaker, Martin Amaewhule, against the Independent National Electoral Commission (INEC).
Justice Peter Lifu, in a ruling, struck out the suit after it was withdrawn by the lawmakers who were plaintiffs in the case.
“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,” he said.
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 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.”
NAN reports that the 27 lawmakers loyal to the former governor of Rivers and Minister of 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).
