DEFECTION OF RSHA MEMBERS: Federal High Court Resumes Hearing

Today, Monday, 17th, 2025, the Federal High Court sitting in Port Harcourt will hear the adjourned suit against the Rivers State House of Assembly and 30 others, which was filed by the Labour Party.

The adjoined hearing will also include the motion that is seeking to strike out the suit on the defection of the members of the Rivers State House of Assembly.

At the last resumed hearing of the Suit No:FHC/PH/25/2024, which was on March 11, 2025, the counsel for the Rivers State House of Assembly, K.C.0. Njemanze, SAN, had informed the court of a motion filed on March 10,2025.

That motion had urged the court to strike out the suit in light of the Supreme Court’s ruling of February 28, 2025.

Njemanze had argued that the apex court had determined all issues raised in the case already 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.

But that stance was opposed by Clifford N Chuku Esq., counsel for the Labour Party, stating that he had filed a reply on 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.

Chuku emphasised that the current suit centered on the defection of the 27 lawmakers from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).

He stated further 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.

The contention was that 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.

Chuku also contended that hearing the motion separately could lead to a denial of justice.

Arising from that, Justice E.A. Obile of the Federal High Court (Court 2), Port Harcourt Judicial Division delivered a bench ring.

Justice Obile stated that the court would first hear the motion on notice before considering the substantive case.

Based on that, and upon agreement of both parties, the matter was adjourned to Monday, March 17, 2025, at 2:00PM for the hearing of the motion.