The Federal High Court sitting in Port Harcourt, presided over by Justice Emmanuel Obile, has delivered a ruling on applications in Suit No: FHC/PHC/CS/25/2024, brought by the Labour Party (LP) against the Rivers State House of Assembly and others. The suit seeks to declare the seats of 27 lawmakers, who allegedly defected from the People’s Democratic Party (PDP) to the All Progressives Congress (APC), vacant.
During the ruling on January 21, 2025, Justice Obile rejected the applications by the 1st defendant (Rivers State House of Assembly), 2nd–28th defendants (27 lawmakers), and 29th defendant (PDP), which sought the court’s permission to call oral evidence and file pleadings. The judge held that the defendants failed to establish any conflict in the facts contained in the affidavits before the court to warrant granting the applications.
However, in a partial concession under Order 27(1) of the Federal High Court Rules, 2019, Justice Obile permitted the cross-examination of deponents to the affidavits supporting the amended originating summons and the counter-affidavits filed by the defendants.
Given the inability of counsels to agree on a hearing date, the court fixed March 11, 2025, for the hearing of the amended originating summons.
The Labour Party, through its caretaker chairperson in Rivers State, Hilda Dokubo, filed the suit seeking to compel the Independent National Electoral Commission (INEC) to conduct by-elections to fill the allegedly vacant seats, allowing the LP and other parties to participate.
Counsel for the claimant, Clifford Chukwu, emphasized that the lawmakers had publicly announced their defection on various media platforms, including Channels Television and TVC, and even deposed to affidavits confirming the move. He argued that their actions constituted a voluntary relinquishment of their seats under the law.
On the other hand, counsel for the defendants, including senior advocates Ferdinand Orbih (SAN) and J. Musa, argued for the court to allow pleadings and oral evidence, stating that the issues were contentious and could not be resolved based on affidavits alone.
In a separate but related case, Justice Obile had earlier adjourned to December 7, 2024, to hear a matter filed by Victor Oko-Jumbo and three other assembly members loyal to Governor Siminalayi Fubara. They also seek to declare the seats of the 27 lawmakers vacant and prevent them from parading as members of the Rivers State House of Assembly.