The Federal High Court in Port Harcourt has adjourned till January 21, 2025 to rule on applications in a suit filed by the Labour Party seeking to declare vacant the seats of 27 members of the Rivers State House of Assembly who allegedly defected from the Peoples Democratic Party to the All Progressives Congress declared.
The Labour Party, in the suit marked FHC/PH/25/2024, is also praying the court to determine whether the alleged defection of the 27 lawmakers, who are loyal to former governor, Nyesom Wike, was proper.
The suit also asked the Independent National Electoral Commission to conduct a by-election to fill in the seats of the lawmakers to enable the LP and other interested parties to vie for the seats.
At Wednesday’s hearing before Justice Emmanuel Obele, the claimant, who is the Caretaker Committee Chairman of the Labour Party Rivers State, State, Hilda Dokubo, was present in court.
During the proceedings, the 2nd to 28th defendants, including the embattled Speaker and leader of the pro-Wike lawmakers, Martin Amaewhule, through their lawyer, Ferdinand Orbih (SAN), informed the court of the intention to consolidate their applications in the matter.
“We respectively pray for your order consolidating the three applications,” the SAN said.
The claimant’s counsel, Clifford Chukwu, however, urged the court to dismiss the motion by the 1st, 2nd-28th, and 29th defendants, saying, “The defendants did not file a further affidavit. It is the law that the failure to file a counter-affidavit amounts to an admission to all facts stated in the counter-affidavit.”
After listening to the submissions by the parties, Justice Obele adjourned the matter till January 21, 2025 for ruling on applications.
Answering questions from newsmen outside the courtroom, counsel for the claimant, Chukwu said, “Our position is simple, that these persons voluntarily came up, told the world that they had 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 had defected. The PDP also responded to that affidavit, admitting that they had defected. Interestingly, we have video clips to play here.”
Meanwhile, Justice Obele is hearing another suit by three lawmakers loyal to Governor Siminalayi Fubara also seeking the sacking of the 27 pro-Wike lawmakers.
The judge adjourned hearing in the suit till December 10, 2024 to hear the matter filed by the pro-Fubara lawmakers, led by Victor Oko-Jumbo.