An Abuja Division of the Federal High Court has struck out the suit calling for the removal of Senate President, Bukola Saraki, the Speaker of the House of Representatives, Yakubu Dogara, and 52 others from office.
The suit against them was filed by the Legal Defence and Assistance Project, LEDAP, following the defection of the legislators from one party to the other.
It would be recalled that Saraki and Dogara led other legislators to defect from the ruling All Progressives Congress, APC, to the leading opposition, Peoples Democratic Party, PDP.
The mass movement in July, 2018 saw 37 members of the House of Representatives leaving the APC and 14 senators taking the same action.
In its suit, the group argued that they had no right to retain their seats having left the platform upon which they were elected.
But delivering its judgement in the suit filed by Saraki and Dogara against the suit by LEDAP, the court said the group had no right to file the case.
The judge, Okon Abang, said on Friday that the plaintiff’s case had merit but lacked locus standi to institute the case.
He therefore struck it out.
His words: “The plaintiff that instituted this case is not a political party that sponsored the election of the lawmakers.
“Also the plaintiff is not Independent National Electoral Commission, INEC, that regulates the activities of political parties and monitor elections.
“The plaintiff is not a registered voter in Nigeria.
“They are not members of the National Assembly.
“None of the political party that sponsored the lawmakers is a party in this case.
“They, therefore, lack the capacity, legal power to institute the case.
“The plaintiff’s case is incompetent and thereby struck out.”