The Speaker, Rivers State House of Assembly, Rt Hon Martin Amawhule, Clerk of the House, and other Assembly Officials during the Screening of Former Commissioners in the State for Reappointment.
The Federal High Court sitting in Port Harcourt has dismissed a suit filed by the Labour Party (LP) challenging the legitimacy of 27 members of the Rivers State House of Assembly accused of defecting from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
Presided over by Justice E.A. Obile, the court ruled on Tuesday that it lacked jurisdiction to entertain the matter, citing a binding decision by the Supreme Court delivered on February 28, 2025, which had already addressed the issue.
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In Suit No: FHC/PH/25/2024, the Labour Party sought a declaration that the lawmakers’ defection was unconstitutional under Section 272(3) of the 1999 Constitution (as amended), and requested their seats be declared vacant. However, Justice Obile ruled that the matter was res judicata, having already been decided by the apex court.
“The Supreme Court’s judgment is binding on this court,” Justice Obile stated. “The issue of the lawmakers’ status has been settled, and this court lacks jurisdiction to reopen it.”
The Labour Party had argued that the lawmakers’ defection violated constitutional norms and that the court should nullify their continued occupancy of legislative seats. The case had sparked significant political tension in Rivers State, with questions raised over the legality of the assembly’s composition.
During the March 17 hearing, lead counsel to the Rivers State House of Assembly, K.C.O. Njemanze, SAN, along with other senior lawyers, including F. Orbih, SA, N, and J.Y. Musa, SAN, argued that the Supreme Court had already settled the matter and urged the court to dismiss the suit, describing it as functus officio.
However, counsel to the Labour Party, Clifford N. Chuku, Esq., maintained that the apex court ruling dealt with the doctrine of necessity and not the core issue of defection, calling for the Federal High Court to allow a full hearing to ensure justice.
Following the dismissal, Chuku vowed to appeal the decision. “We are going to the Court of Appeal,” he told reporters. “The Supreme Court did not directly address the defection issue, and we believe the matter deserves a fair and substantive hearing.”
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The lawmakers in question had, in 2024, during a House plenary session, publicly announced their defection from the PDP to the APC, waving party flags to signify their new allegiance. They were later formally received into the APC at a high-profile event organized by Chief Tony Okocha, then caretaker committee chairman of the party, at the Port Harcourt Polo Club.
Despite the setback, the Labour Party appears determined to continue its legal battle, arguing that democratic principles and constitutional order must be upheld
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