Ogona Anita
A Federal High Court in Port Harcourt has adjourned the suit filed by the Labour Party against the Rivers State House of Assembly (RSHA) and 30 others to Monday, March 17, 2025, for the hearing of a motion seeking to strike out the case.
“At the resumed hearing of Suit No: FHC/PH/25/2024 on March 11, 2025, K.C.O. Njemanze, SAN, counsel for the Rivers State House of Assembly, informed the court of a motion filed on March 10, 2025, urging the court to strike out the suit in light of the Supreme Court’s ruling on February 28, 2025. Njemanze argued that the apex court had already determined all issues raised in the case and that, under Section 287(1) of the 1999 Constitution (as amended), the Federal High Court was bound to comply with the Supreme Court’s decision.”
“However, Clifford N Chuku Esq., counsel for the Labour Party, opposed the motion, stating that he had filed a reply that morning on points of law to contest the motion to strike out the case. He asserted that the facts surrounding the Supreme Court’s ruling were distinguishable from the subject of the current suit, which centers on the defection of 27 lawmakers from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC). Chuku further emphasized that the Federal High Court, under Section 272(3) of the 1999 Constitution (as amended), has exclusive jurisdiction to determine issues of defection involving House of Assembly members.
While Njemanze, SAN, urged the court to first hear the motion to strike out the suit, Clifford N Chuku Esq., argued that, in the interest of fair hearing, all pending matters should be taken together before judgment is delivered. He contended that hearing the motion separately could lead to a denial of justice.”
“In a bench ruling, Justice E.A. Obile of the Federal High Court (Court 2), Port Harcourt Judicial Division, decided that the court would first hear the motion on notice before considering the substantive case. Consequently, upon agreement of both parties, the matter was adjourned to Monday, March 17, 2025, at 2:00 PM for the hearing of the motion.”
The Federal High Court in Port Harcourt has reserved April 16, 2025, for its ruling on an application concerning the potential dismissal of a defection case filed by the Labour Party against 27 members of the Rivers State House of Assembly
The Labour Party seeks to have the seats of these lawmakers, who allegedly defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC), declared vacant.
During the proceedings, counsel for the defendants, including Speaker Martins Amaewhule, urged the court to strike out the matter, referencing a recent Supreme Court judgment.
Presenting the Certified True Copy of the verdict, he noted that the Supreme Court had restored the Amaewhule-led leadership of the Assembly, adding that Governor Siminalayi Fubara, who initially raised allegations of defection, had withdrawn these claims at the Federal High Court in Abuja.
In his submission, counsel for the Labour Party, Clifford Chukwu, noted that the deflection was a “collateral matter” before the Supreme Court, and urged the court not to answer prayer to strike out the matter going by evidence already before it on the defection.
It can be recalled that on February 29, the Apex court held that, in the absence of substantiated evidence, no defection had legally occurred, thereby maintaining the status quo within the Assembly.
Speaking to Channels Television shortly after the court proceedings, Chukwu, stated that he had presented his submission and that only the ruling on April 16 would determine whether the submissions by the defendants’ counsel are upheld.Labour Party Opposes Move To Strike Out Suit Over Defection, As 27 Rivers Assembly Cites Supreme Court Judgment
