The Federal High Court in Port Harcourt is set to hear a motion on Monday, March 17, 2025, at 2 p.m., in a suit filed by the Labour Party against the Rivers State House of Assembly and 30 other defendants. The case, identified as Suit No. FHC/PH/25/2024, challenges the defection of 27 assembly members from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
The motion, filed by the Rivers State House of Assembly, seeks to strike out the suit based on a Supreme Court ruling from Feb. 28, 2025. K.C.O. Njemanze, SAN, counsel for the assembly, argued at the last hearing on March 11 that the Supreme Court’s decision already addressed the issues raised, citing Section 287(1) of the 1999 Constitution, which requires lower courts to comply with Supreme Court rulings.
Clifford N. Chuku, Esq., representing the Labour Party, opposed the motion, arguing that the Federal High Court has exclusive jurisdiction over defection cases involving state assembly members under Section 272(3) of the 1999 Constitution. Chuku contended that the facts of the Supreme Court ruling differ from this case, which centers on the lawmakers’ party switch. He also urged the court to hear all pending matters together, warning that addressing the motion separately could deny justice.
Justice E.A. Obile, presiding over Court 2 in the Port Harcourt Judicial Division, ruled on March 11 that the court would first hear the motion before proceeding to the substantive case. Both parties agreed to adjourn the matter to March 17.
The suit names key assembly members, including Speaker Hon. Martin Chike Amaewhule, Deputy Speaker Hon. Dumle Maol, and others such as Hon. Major Jack and Hon. Linda Somiari-Stewart. The outcome of today’s hearing could set a precedent for handling political defections in Nigeria, where such cases have been frequent. According to Dataphyte, at least 40 politicians have defected since 2015, often sparking legal challenges.
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If the motion is granted, the suit will be dismissed, potentially allowing the defecting lawmakers to retain their seats. If denied, the case will proceed, possibly leading to a broader examination of the defections’ legality and their impact on legislative representation in Rivers State.
