Court strikes out deceased deputy governor’s suit

The Federal High Court in Abuja struck out the lawsuit filed by the late former Deputy Governor of Bayelsa, Lawrence Ewhrudjakpo, on Wednesday.

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Mr Ewhrudjakpo had sought an injunction to stop alleged impeachment proceedings stemming from his refusal to defect from the Peoples Democratic Party (PDP) alongside Governor Douye Diri.

Justice Emeka Nwite struck out the suit in a ruling after B.K. Angaye, who appeared for the Bayelsa House of Assembly, Speaker, and others, made the application to that effect.

When the case was called, no counsel appeared for the late litigant, who passed away on 11 December last year.

Ms Angaye announced her appearance for the Bayelsa House of Assembly, the Speaker, the Attorney-General of Bayelsa, and the Clerk of the parliament, who were listed as first, second, fifth and seventh defendants, respectively.

Ifeoma Okonkwo represented the State Security Service (SSS) director-general.

Ms Angaye informed the court that the suit, which had been pending for a considerable period, had been overtaken by events.

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“We apply that the matter be struck out, my lord,” she said.

Ms Okonkwo did not oppose the application, and Justice Nwite consequently struck out the case.

Mr Ewhrudjakpo was the immediate past deputy governor of Bayelsa and had filed the suit to challenge an alleged plot by the House to impeach him following his refusal to defect to the All Progressives Congress (APC).

In the originating summons marked FHC/ABJ/CS/221/2025, Mr Ewhrudjakpo had alleged that MPs were under pressure to remove him from office for refusing to resign from PDP — the platform on which he and Governor Diri were elected.

Background

The News Agency of Nigeria reports that Mr Diri had, on 3 November last year, resigned from the PDP, but Mr Ewhrudjakpo had remained in the party.

The late deputy governor, through his lawyer, Reuben Egwuaba, sought several interim orders, including an order restraining the House from removing or impeaching him in violation of Sections 188(5)-(9), (11) and 36(1) of the 1999 Constitution (as amended), on the grounds of his refusal to defect from the PDP to the APC or any other political party before the end of his tenure.

He also sought to restrain the MPs from initiating or conducting impeachment proceedings or meetings against him for the same reason and from recognising or dealing with any member of the APC as deputy governor of Bayelsa.

Besides, Mr Ewhrudjakpo sought the restraint of the Inspector-General of Police, the SSS director-general, and the Bayelsa attorney-general from withdrawing his security protection as deputy governor, pending the determination of the motion on notice.

After Mr Egwuaba moved the ex parte motion on 27 October last year, Justice Nwite directed the defendants to appear before the court and show cause why the interim orders sought by the plaintiff should not be granted.

The judge said granting the order for the defendants to appear would serve the interests of justice.

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Listed as defendants were the Bayelsa House, its speaker, the IGP, the SSS director-general, the attorney-general, the chief judge, and the House clerk as first to seventh defendants, respectively.

The late deputy governor was said to have collapsed in his office in Yenagoa and was rushed to the Federal Medical Centre in the Bayelsa capital, where he was pronounced dead on 11 December last year. He was buried on 30 January.

Peter Pereotubo Akpe was officially sworn in as the new deputy governor on 2 February to succeed Mr Ewhrudjakpo.