The Federal High Court in Port Harcourt has dismissed the Labour Party (LP)‘s lawsuit challenging the legitimacy of 27 members of the Rivers State House of Assembly, who were accused of defecting from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
⚖️ Court Declines Jurisdiction
Presided over by Justice E.A. Obile, the court ruled on Tuesday that it lacked the authority to hear the matter, citing a binding Supreme Court decision made on February 28, 2025. The ruling had already addressed the issue of the lawmakers’ defection, and the matter was deemed res judicata, meaning it had already been conclusively decided.
In Suit No: FHC/PH/25/2024, the Labour Party sought a declaration that the lawmakers’ defection was unconstitutional under Section 272(3) of the 1999 Constitution (as amended) and requested that their seats be declared vacant. However, Justice Obile emphasized that the matter had been definitively settled by the Supreme Court, leaving the Federal High Court without jurisdiction to revisit it.
“The Supreme Court’s judgment is binding on this court. The issue of the lawmakers’ status has been settled, and this court lacks jurisdiction to reopen it,” Justice Obile stated.
⚔️ Political Tension Over Lawmakers’ Defection
The legal challenge sparked significant political tension in Rivers State, as the defection of the lawmakers was seen by the Labour Party as a violation of constitutional norms. The Labour Party had called for the court to nullify the continued occupancy of the legislators’ seats, further fueling the debate over the legality of the assembly’s composition.
During the March 17 hearing, K.C.O. Njemanze, SAN, representing the Rivers State House of Assembly, along with other senior legal experts, argued that the Supreme Court had already ruled on the issue, urging the court to dismiss the case as functus officio (no longer in effect).
🛑 Labour Party’s Response: Appeal Likely
Clifford N. Chuku, Esq., the lead counsel for the Labour Party, disagreed with the court’s decision, arguing that the Supreme Court’s ruling had focused on the doctrine of necessity rather than the core issue of defection. Chuku expressed the party’s determination to pursue the case further, stating:
“We are going to the Court of Appeal. The Supreme Court did not directly address the defection issue, and we believe the matter deserves a fair and substantive hearing,” Chuku told reporters after the judgment.
💼 Defection Controversy
The lawmakers in question had publicly announced their defection from the PDP to the APC during a 2024 plenary session in the state assembly. The defection was marked by the lawmakers waving APC flags and was followed by a formal reception into the APC at a high-profile event hosted by Chief Tony Okocha, then the caretaker committee chairman of the party at the Port Harcourt Polo Club.
Despite the setback, the Labour Party remains steadfast in its pursuit of legal action, insisting on upholding democratic principles and constitutional order in the country.
