Federal High Court Dismisses Labour Party’s Case Over Defection of 27 Rivers Lawmakers

The Federal High Court in Port Harcourt has dismissed a lawsuit filed by the Labour Party (LP) seeking to declare vacant the seats of 27 members of the Rivers State House of Assembly who allegedly switched allegiance from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).

The case, which included suspended Speaker Martin Amaewhule among the defendants, was dismissed due to lack of jurisdiction. Justice Emmanuel Obile, who presided over the proceedings, determined that the case was res judicata, meaning it had already been conclusively decided by the Supreme Court and could not be re-litigated.

During the hearing, the defendants’ attorney, Ken Njemanze (SAN), presented a Certified True Copy of the Supreme Court’s judgment, arguing that it had already addressed the key issues regarding the lawmakers’ defection and their right to remain in office.

Justice Obile agreed, highlighting that Section 287(1) of the 1999 Constitution requires lower courts to adhere to Supreme Court rulings. He stated that the apex court’s decision was binding, rendering the Labour Party’s case inadmissible.

“The Supreme Court has settled the issues raised in this suit,” Justice Obile remarked. “This court lacks the authority to revisit the matter, which would be tantamount to reviewing the Supreme Court’s decision.”

The Labour Party, represented by attorney Clifford Chuku, contended that the alleged defection violated the Nigerian Constitution and justified declaring the lawmakers’ seats vacant. Chuku maintained that the Supreme Court had not explicitly addressed the defection issue and urged the court to evaluate the case on its merits.

Following the dismissal, Chuku expressed dissatisfaction with the ruling and indicated that the party would appeal.

“We believe the defection issue is a related matter not directly ruled on in the Supreme Court judgment,” he said. “We will strive to ensure it is heard by a higher court.”

This case is part of a larger political crisis in Rivers State, where the mass defection of 27 lawmakers from the PDP to the APC—seen as aligned with former governor Nyesom Wike—has led to legislative impasses and power struggles.

The legal and political status of the lawmakers remains contentious, with various political parties and civil society groups questioning the validity of their continued presence in the legislature.

While this ruling serves as a legal victory for the lawmakers involved, the Labour Party’s plans to appeal and the ongoing political tensions indicate that the dispute is far from resolved.