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A Federal High Court in Port Harcourt, Rivers State, has set January 21, 2025, to rule on applications filed by the Labour Party (LP) concerning the defection of 27 State House of Assembly members from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
The LP is seeking a declaration that the seats of these defected lawmakers should be considered vacant. In addition, the court adjourned a related case until December 10, in which Hon. Victor Oko-Jumbo and three other Assembly members, loyal to Governor Siminalayi Fubara, are seeking a similar declaration of vacancy.
They are also requesting an order to restrain the 27 lawmakers from presenting themselves as legitimate Assembly members.
In the Labour Party’s suit (FHC/PH/25/2024), the party is asking the court to determine the legitimacy of the lawmakers’ defection and to order the Independent National Electoral Commission (INEC) to conduct by-elections to fill the allegedly vacant seats.
Hilda Dokubo, Labour Party’s Caretaker Committee chairman in Rivers State, was present in court during the proceedings.
Counsel for the defendants, Ferdinand Orbih (SAN), informed the court that the 29 defendants plan to consolidate their applications, which seek direction from the court to file and exchange pleadings and provide evidence to support their respective cases.
He said “We respectively pray your order consolidating the three applications”.
Counsel for defendants furthermore presented their motions, insisting that the applications are backed up with paragraphs of affidavits and urged the court to grant the applications.
In his argument, the claimant counsel, Clifford Chukwu did not object to the consolidation of the applications, but opposed to the applications submitted by the defence counsels.
Chukwu urged the court presided by Justice Emmanuel Obele to dismiss the motion by the 1st, 2nd-28th, and 29th defendants. He said “The defendant did not file a further affidavit. It is law that failure to file a counter affidavit amounts to an admission to all facts stated in the counter affidavit”.
Reacting to the submissions by the parties in the matter, the trial judge, Justice Obele adjourned the matter till January 21, 2025 for ruling on applications by the parties.
Speaking with journalists outside the courtroom, counsel for the claimant, Chukwu, explained that “the matter was adjourned today for adoption of all processes but the Court in its wisdom looked into the file and found that there are certain motions from the Rivers State House of Assembly and 27 lawmakers asking the court to order for pleadings.
“So we have responded to those motions. Moreso, we have just told the court that in as much as they filed their motions, we filed a counter, they did not file a further affidavit to our counter affidavit, which means they admitted all facts and court has adjourned till January 21, 2025 for ruling.
“The first application is from the Rivers State House of Assembly. The second application is from the 2nd to 28th defendants (27 lawmakers) represented by Ferdinand Orbih (SAN). The third application is from People Democratic Party (PDP), represented by J. Musa.”
Speaking further, Chukwu stressed “Our position is simple, that these persons voluntarily came up, told the world that they have defected. As a matter of fact, we saw it on Channels Television, TVC, and we have now come here to tell the court, that having done that they should vacate the seats so that INEC can conduct a by-election where everybody including labour party will participate
“Furthermore, at the Federal High Court in Abuja, they deposed to an affidavit reflecting the fact that they have defected. The PDP also responded to that affidavit, admitting that they have defected. Interestingly, we have video clips to play here”, Chukwu added.
On his part, Emeka Onyeka, one of the counsels representing the 2nd to 28th defendants in the matter, explained “Is just the preliminary steps, there are applications that come at preliminary stage and substantive application. What happened is that the court needed to trash out the preliminary issues before it gets into the substantive matter.
“The defendants were asking the court to order the plaintiff in the matter to file pleadings on the basis that the issues before the court are contentious and not one of such issues that can be determined by documentary basis. Court is going to deliver a ruling on the applications that were debated today,” Onyeka said.
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