Court to Rule on Defection Case Against 27 Rivers Lawmakers on April 16

The Federal High Court in Port Harcourt has scheduled April 16, 2025, to deliver a ruling on a motion seeking the dismissal of a suit filed by the Labour Party (LP) against 27 members of the Rivers State House of Assembly. The suit challenges the legality of their alleged defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC), and seeks to have their seats declared vacant.

During proceedings on March 11, counsel for the lawmakers, K. Njemanze, informed the court that he had filed a motion on March 10 to strike out the case, arguing that the Supreme Court’s ruling on February 28 had already resolved the key issues. Citing Section 287(1) of the 1999 Constitution, he maintained that the Federal High Court is bound to comply with the apex court’s decision.

However, LP’s counsel, Clifford Chukwu, opposed the motion, stating that the Supreme Court ruling did not address the core question of the legality of the alleged defection. He referenced Section 272(3) of the Constitution, arguing that the Federal High Court retains exclusive jurisdiction over defection matters involving state lawmakers.

At the latest hearing on Monday, Njemanze again moved the application to strike out the case and presented a certified true copy of the Supreme Court judgment, which he said restored the Amaewhule-led faction of the assembly. He also noted that Rivers State Governor Siminalayi Fubara, who originally made the defection claims, had withdrawn them at the Federal High Court in Abuja.

In response, Chukwu argued that the defection issue was only a collateral matter in the Supreme Court case and insisted that the current suit raises distinct constitutional questions that must be addressed by the court.

Justice E.A. Obile adjourned the matter to April 16 for ruling on the application to dismiss the suit.

The 27 lawmakers belong to the faction led by Martin Amaewhule, aligned with Nyesom Wike, Minister of the Federal Capital Territory and former governor of Rivers State. The Supreme Court, in its February 28 ruling, reinstated the Amaewhule-led assembly and criticized an earlier appeal court decision that had voided the judgment of the Federal High Court in Abuja. The apex court also held that the lawmakers remain members of the assembly pending the final determination of their status in the ongoing defection case.