Court To Decide On April 15 If Labour Party Can Pursue Case Against 27 PDP-To-APC Defector Lawmakers In Rivers
The Federal High Court, Port Harcourt Judicial Division, presided over by Hon. Justice E.A. Obile, has brought forward the ruling on a pivotal suit filed by the Labour Party against the Rivers State House of Assembly and 30 others to April 15, 2025, from the previously scheduled date of April 16, 2025. The rescheduling is due to the court’s Easter vacation, set to commence on April 16, 2025.
The ruling will determine the fate of 27 lawmakers accused of defecting from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) in a case that could reshape Rivers State’s political landscape.
In Suit No: FHC/PH/25/2024, the Labour Party seeks to challenge the legitimacy of the defected lawmakers’ seats under Section 272(3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), which vests the Federal High Court with jurisdiction over matters concerning the qualification of state legislators. The court had reserved its ruling on a motion by the defendants to strike out the suit following heated arguments during a hearing on March 17, 2025.
K.C.O. Njemanze, SAN, counsel for the 1st defendant (Rivers State House of Assembly), led the charge for dismissal, arguing that the Supreme Court’s judgment on February 28, 2025, resolved the issues raised in the Labour Party’s suit, rendering it res judicata. He was supported by F. Orbih, SAN (representing the 2nd to 28th defendants), J.Y. Musa, SAN (for the 29th defendant, PDP), and counsel for the 30th defendant (APC) and 31st defendant (INEC), who adopted Njemanze’s motion, urging the court to dismiss the case as lacking merit.
Opposing the motion, Clifford N. Chuku, Esq., counsel for the Labour Party, argued that the defection issue was a collateral matter not directly addressed by the Supreme Court’s ruling, which he claimed centered on the doctrine of necessity rather than the substantive question of defection. Chuku further contended that the affidavit supporting the defendants’ motion was incompetent, as it was deposed to by a counsel involved in the case, violating principles laid down in Boniface Anyika & Company Lagos Nig. Ltd v. Uzor (2006) LPELR-790(SC). He urged the court to strike out the motion and proceed to hear the substantive suit, ensuring a fair hearing by addressing all pending issues concurrently.
The case has drawn significant attention due to its political implications, with the Labour Party asserting that the defection of the 27 lawmakers contravenes constitutional provisions, thereby warranting their removal from office. The defendants, however, maintain that the Supreme Court’s ruling precludes further litigation, arguing that the matter is functus officio.
The suit stems from the defection of 27 Rivers State House of Assembly members from the PDP to the APC, prompting the Labour Party to file an action challenging their continued tenure. The Labour Party contends that the defection violates constitutional norms, citing Section 272(3), which empowers the Federal High Court to adjudicate disputes over lawmakers’ qualifications. The defendants, in response, have leaned on a Supreme Court decision delivered on February 28, 2025, which they claim settled the underlying issues, though the Labour Party insists the apex court’s ruling did not directly address the defection question.
At an earlier hearing on March 17, 2025, the court adjourned to allow arguments on the defendants’ motion to strike out the suit. Chuku had emphasized the need for a comprehensive hearing to avoid truncating the claimant’s right to fair hearing under Section 36 of the Constitution, while the defendants pressed for dismissal based on the Supreme Court’s purported resolution of the dispute.
