A Federal High Court sitting in Port Harcourt, presided over by Hon. Justice E.A. Obile, has dismissed a suit filed by the Labour Party challenging the legitimacy of 27 Rivers State House of Assembly members accused of defecting from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC
The ruling, delivered today, cited a lack of jurisdiction due to a binding Supreme Court judgment, prompting the Labour Party to vow an appeal.
In Suit No: FHC/PH/25/2024, the Labour Party sought to have the lawmakers’ seats declared vacant, arguing that their defection violated constitutional provisions under Section 272(3) of the 1999 Constitution (as amended). However, Justice Obile held that the court was bound by Section 287(1) of the Constitution, which mandates adherence to Supreme Court decisions. Referencing a February 28, 2025, Supreme Court ruling, the judge stated that the apex court had resolved the issue, confirming that the 27 lawmakers did not defect—rendering the Labour Party’s suit res judicata.
“The Supreme Court’s judgment is binding on this court,” Justice Obile declared. “The issue of the lawmakers’ status has been settled, and this court lacks jurisdiction to reopen it.”
The case, which has gripped Rivers State’s political landscape, stemmed from the alleged defection of 27 lawmakers in 2024, sparking a legal battle with significant implications for the state’s governance. The Labour Party contended that the lawmakers’ move to the APC contravened constitutional norms and warranted their removal. The defendants—including the Rivers State House of Assembly, the lawmakers, the PDP, the APC, and the Independent National Electoral Commission (INEC)—argued that the Supreme Court’s ruling precluded further litigation.
During the March 17, 2025 hearing, K.C.O. Njemanze, SAN, representing the Rivers State House of Assembly, led the defense, supported by F. Orbih, SAN, J.Y. Musa, SAN, and other counsel, who urged the court to dismiss the case on the grounds of functus officio. They cited the Supreme Court’s decision as definitive. Clifford N. Chuku, Esq., counsel for the Labour Party, countered that the apex court’s ruling addressed the doctrine of necessity rather than the issue of defection, urging the court to hear the substantive suit to ensure a fair hearing.
Despite the dismissal, Chuku remained defiant, announcing plans to appeal. “We are going to the Court of Appeal,” he told reporters outside the courtroom. “The Supreme Court’s ruling did not directly address the defection issue, and we believe justice demands a full hearing of this matter.”
