The Federal High Court in Port Harcourt has struck out a suit filed to challenge the defection of 27 members of the Rivers State House of Assembly from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
The case, brought by the Labour Party, sought a declaration that the lawmakers’ seats be rendered vacant following their alleged defection. However, in a ruling delivered on Tuesday, Justice Emmanuel A. Obile dismissed the case.
Justice Obile based his decision on a recent Supreme Court judgment, which, according to him, had already dealt with the legal questions surrounding the issue of defection. He noted that the apex court’s ruling served as a binding precedent, effectively rendering the Labour Party’s case redundant.
The judge held that he lacked the jurisdiction to adjudicate on a matter that had been conclusively determined by the apex court.
Martins Nwachukwu, an aide to Speaker Martins Amaewhule—one of the principal defendants in the matter, confirmed the court’s decision via a social media post.
Counsel for the defendants had urged the court to dismiss the suit, citing a recent Supreme Court judgment. They presented a Certified True Copy of the apex court’s decision, which the defendants said reaffirmed the leadership of the Assembly under Amaewhule and noted that Governor Siminalayi Fubara had withdrawn the allegations of defection in a separate case at the Federal High Court in Abuja.
Labour Party counsel, Clifford Chukwu, however, argued that the issue of defection remained a “collateral matter” and urged the court to proceed with the case, referencing the body of evidence already before it.
(PoliticsNigeria
