The suit instituted by the Legal Defence and Assistant Project (LEDAP), confronting the defection of the Senate President, Bukola Saraki; Speaker, House of Representatives, Yakubu Dogara and 51 other lawmakers, was today (Friday) thrown out by Justice Okon Abang of a Federal High Court sitting in Abuja, Nigeria.
Justice Abang dismantled the suit on grounds of lack of locus standi to file the suit.
In his judgment, Justice Abang declared that LEDAP lacked the locus standi (the legal right) to institute the action.
The judge held that the status of LEDAP as a registered corporate body under the Company and Allied Matters Act was not sufficient to confer the right to institute the action on behalf of the public.
According to Justice Abang, LEDAP not being the Independent National Electoral Commission (INEC), the political parties from which the legislators defected to the other ones, a member of any of the political parties, a member of the constituencies of the legislators or a registered voters in the lawmakers’ constituencies, does not have the legal capacity to initiate the legal war.
Justice Abang insisted that despite the noble intention of the plaintiff, its lack of locus standi to file the action had robbed the court of the jurisdiction to consider the merit of its claims in the suit.
Justice Abang added that the failure of LEDAP to join the Peoples Democratic Party (PDP), the All Progressives Congress (APC) and the Action Democratic Congress (ADC) which sponsored the elections of the defector legislators, was fatal to the suit.
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