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Federal High Court sitting in Abuja on Monday dismissed a suit brought by the Labour Party (LP) seeking to compel the Independent National Electoral Commission (INEC) to conduct fresh elections in the Rivers House of Assembly.


The LP had initiated legal action to fill the seats left vacant by lawmakers who defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).

Justice James Omotosho ruled to strike out the suit after counsel for the LP, F. I. Adariku, requested its withdrawal.

INEC, represented by lawyer Victor Giwa, opposed the suit, labeling it as frivolous and incompetent, urging the court to dismiss it on these grounds.


Giwa argued that the LP lacked the standing and territorial jurisdiction to bring the case forward, citing a similar ongoing case in a Federal High Court in Port Harcourt.

After INEC filed its objection, the LP opted to withdraw the suit.

Adariku, acting on behalf of the LP’s national legal adviser, Kehinde Edun, applied for withdrawal and requested the court to strike out the suit.


A. S. Adisa, representing Giwa, did not oppose the withdrawal application.

Subsequently, Justice Omotosho, in a ruling delivered on May 3 but sighted on Monday, ordered the LP to pay a cost of N50,000.

The judge declared the matter struck out and awarded the cost of N50,000 against LP in favor of INEC.

The suit involved multiple defendants, including Governor Siminalayi Fubara and others.

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