The Federal High Court in Port Harcourt will today resume hearing in the high-profile suit filed by the Labour Party against the Rivers State House of Assembly and 30 others, challenging the defection of 27 lawmakers from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
The court is also expected to hear a motion seeking to strike out the suit, which centers on the legality of the lawmakers’ defection amid a politically charged atmosphere in the state.
During the last hearing on March 11, 2025, counsel for the Assembly, K.C.O. Njemanze, SAN, informed the court that a motion had been filed on March 10, 2025, urging the dismissal of the suit.
Njemanze argued that the Supreme Court’s judgment delivered on February 28, 2025, had effectively resolved all issues raised in the case, and under Section 287(1) of the 1999 Constitution (as amended), the Federal High Court must abide by the apex court’s decision.
However, the Labour Party’s counsel, Clifford N. Chuku, Esq., opposed the motion, submitting that the facts and legal issues surrounding the Supreme Court judgment were distinct from the present matter.
He emphasized that this suit specifically concerns the alleged defection of lawmakers, which, under Section 272(3) of the Constitution, falls within the exclusive jurisdiction of the Federal High Court.
Chuku also objected to the court taking the motion to strike out in isolation, arguing that such an approach could deny his client a fair hearing.
He urged the court to address all pending matters collectively before delivering a ruling.
In response, presiding Judge E.A. Obile ruled that the court would first hear the motion on notice before proceeding to the substantive case.
With both parties in agreement, the court adjourned proceedings to Monday, March 17, 2025, at 2:00 PM for the motion hearing.
The outcome of today’s session is expected to shape the legal and political landscape in Rivers State, as the issue of legislative defection continues to stir controversy.
