A Federal High Court in Port Harcourt is set to hear a motion on Monday, March 17, 2025, that seeks to strike out the defection suit filed by the Labour Party (LP) against Martin Amaewhule and 26 other members of the Rivers State House of Assembly.
The motion, filed by K. Njemanze (SAN), counsel for the Rivers State House of Assembly, argues that the case should be dismissed, citing a Supreme Court ruling on February 28, 2025, that, according to Njemanze, has already resolved the issues raised in the suit.
In his submission, Njemanze referenced Section 287(1) of the 1999 Constitution (as amended), which stipulates that lower courts, including the Federal High Court, are bound by decisions of the Supreme Court.
He contended that since the matter had been addressed by the apex court, there was no need for the Federal High Court to entertain the defection case.
However, the Labour Party’s counsel, Clifford Chuku, vehemently opposed the motion. Chuku argued that the Supreme Court’s ruling did not specifically address the core issue at hand: the legality of the defection of the lawmakers from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
He stressed that the suit focuses on the constitutionality of the defections, a matter not covered by the Supreme Court’s judgment.
Chuku also pointed to Section 272(3) of the 1999 Constitution (as amended), which grants the Federal High Court exclusive jurisdiction over defection cases involving members of a State House of Assembly.
He argued that this constitutional provision grants the court the authority to hear and determine the suit, irrespective of the Supreme Court’s ruling.
Justice Emmanuel Obile, presiding over the case, ruled that the motion to strike out the suit would be heard first, before any consideration of the substantive matter. The court then adjourned the hearing to Monday, March 17, 2025, at 2:00 pm.
The upcoming ruling on the motion has attracted significant attention, as it will determine whether the case challenging the defections will proceed to trial or be dismissed.
All eyes are now on the Federal High Court as it weighs the legal arguments presented by both sides and considers the constitutional implications of the defection issue in Rivers State.
