Court To Decide Fate Of Labour Party’s Suit Against 27 Rivers Assembly Members Over Defection On April 16

The Federal High Court in Port Harcourt has reserved ruling on a motion seeking to strike out the suit filed by the Labour Party against the Rivers State House of Assembly and 30 others. The matter, presided over by Justice E.A. Obile, was adjourned to April 16, 2025, for a decision.

At the resumed hearing of Suit No: FHC/PH/25/2024, K.C.O. Njemanze, SAN, counsel for the 1st Defendant (Rivers State House of Assembly), moved and adopted his motion on notice, arguing that the case should be dismissed following the judgment of the Supreme Court. He contended that the apex court had settled the issues in contention, making the present suit unnecessary.

Senior counsels representing other defendants, including F. Orbih, SAN, for the 2nd to 28th defendants, J.Y. Musa, SAN, for the 29th defendant (PDP), and legal representatives for the 30th defendant (APC) and the 31st defendant (INEC), aligned with Njemanze’s submissions, supporting the motion for dismissal.

However, counsel for the claimant (Labour Party), Clifford N. Chuku, Esq., opposed the motion, adopting his reply on points of law and additional authorities. He urged the court to strike out the motion, arguing that the issue of defection was a collateral matter arising from the Supreme Court’s ruling on the doctrine of necessity and was not the primary issue determined by the apex court.

Chuku further challenged the validity of the affidavit supporting the motion, asserting that it was incompetent since it was deposed by a counsel appearing in the same case. He cited Boniface Anyika & Company Lagos Nig Ltd v Uzor (2006) LPELR-790(SC) to back his argument.

Justice Obile, after hearing submissions from both sides, reserved ruling on the motion and adjourned the case to April 16, 2025.

Prior to this hearing, the court had adjourned proceedings to March 17, 2025, to hear arguments on the motion to strike out the suit. The Rivers State House of Assembly, through its counsel, had argued that the Supreme Court’s ruling on February 28, 2025, effectively resolved the issues raised in the Labour Party’s suit.

The Labour Party, however, maintained that the core of its case was the defection of 27 lawmakers from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC), an issue it argued fell under the exclusive jurisdiction of the Federal High Court as per Section 272(3) of the 1999 Constitution (as amended). Chuku had insisted that all pending matters be taken together before a judgment was delivered to ensure a fair hearing.

The case remains a crucial legal battle in Rivers State, as it challenges the legitimacy of the 27 defected lawmakers and could have significant political implications. All eyes will now be on the Federal High Court’s ruling on April 16, 2025.