A Federal High Court in Port Harcourt is set to hear a motion on Monday regarding a defection suit filed by the Labour Party (LP) against Martin Amaewhule and 26 other members of the Rivers State House of Assembly.
During the previous hearing on March 11, 2025, K. Njemanze (SAN), the counsel for the Rivers State House of Assembly, informed the court that he had filed a motion on March 10, urging the case to be dismissed. Njemanze argued that the Supreme Court’s ruling on February 28, 2025, had already resolved all the issues raised in the suit. He referenced Section 287(1) of the 1999 Constitution (as amended), maintaining that the Federal High Court was bound to adhere to the Supreme Court’s decision.
However, Clifford Chuku, the lawyer representing the Labour Party, opposed the motion. He argued that the Supreme Court ruling did not directly address the central issue of the suit, which challenges the legality of the lawmakers’ defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC). Chuku also emphasized that, according to Section 272(3) of the 1999 Constitution, the Federal High Court has exclusive jurisdiction over defection matters involving state House of Assembly members.
Justice Emmanuel Obile of the Federal High Court in Port Harcourt ruled that the motion would be heard before any consideration of the substantive case. Consequently, the court has adjourned the matter to Monday, March 17, 2025, at 2:00 p.m. for the motion’s hearing.
All eyes are now on the Federal High Court as it decides whether to strike out the case or allow the substantive suit to move forward.
