The Federal High Court sitting in Port Harcourt has dismissed a suit filed by the Labour Party (LP) seeking to unseat 27 members of the Rivers State House of Assembly who defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
Presiding Judge, Justice E.A. Obile, delivered the ruling on Tuesday, declaring that the court lacked jurisdiction to hear the case, citing a February 28, 2025, Supreme Court judgment that had already addressed the matter.
In Suit No. FHC/PH/25/2024, the Labour Party urged the court to declare the lawmakers’ defection unconstitutional under Section 272(3) of the 1999 Constitution (as amended), and to pronounce their seats vacant. However, Justice Obile ruled that the matter was res judicata—already determined by the nation’s apex court.
“The Supreme Court’s judgment is binding on this court,” he stated. “The issue regarding the status of the lawmakers has been resolved, and this court cannot reopen it.”
The ruling comes amid ongoing political tensions in Rivers State over the legitimacy of the state assembly’s composition. The 27 lawmakers had, in 2024, publicly defected from the PDP to the APC during a plenary session, an event later formalized at a high-profile reception hosted by then-APC caretaker chairman in the state, Chief Tony Okocha, at the Port Harcourt Polo Club.
During the March 17 hearing, counsel to the Rivers State House of Assembly, K.C.O. Njemanze (SAN), along with senior lawyers F. Orbih (SAN) and J.Y. Musa (SAN), argued that the suit was functus officio, given the Supreme Court’s earlier verdict.
However, Labour Party’s counsel, Clifford N. Chuku, contended that the apex court ruling was based on the doctrine of necessity and did not address the core constitutional issue of defection. He urged the court to grant a full hearing to determine the legitimacy of the lawmakers’ continued stay in office.
Following the dismissal, Chuku vowed to challenge the ruling at the Court of Appeal.
“We are taking this up,” he told reporters. “The Supreme Court did not rule directly on the defection, and we believe this issue warrants a substantive judicial review.”
Despite the legal setback, the Labour Party insists its pursuit of justice is rooted in the protection of democratic values and constitutional integrity.
Comments