A Federal High Court in Port Harcourt will on Monday, hear a motion seeking 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.
At the last hearing on March 11, 2025, K. Njemanze (SAN) counsel for the Rivers State House of Assembly, informed the court that he had filed a motion on March 10, urging the court to strike out the case.
Njemanze argued that the Supreme Court’s ruling on February 28, 2025, had already resolved all issues raised in the suit.
Citing Section 287(1) of the 1999 Constitution (as amended), he maintained that the Federal High Court was bound to comply with the Supreme Court’s decision.
However, Clifford Chuku, counsel for the Labour Party (LP), opposed the motion.
He stated that he had filed a reply on points of law, arguing that the Supreme Court’s ruling did not directly address the central issue in this suit, which challenges the legality of the lawmakers’ defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
Chuku further emphasized that, under Section 272(3) of the 1999 Constitution (as amended), the Federal High Court has exclusive jurisdiction over matters of defection involving House of Assembly members.
Justice Emmanuel Obile of the Federal High Court 2, Port Harcourt, ruled that the motion on notice would be heard before any consideration of the substantive case.
The matter was then adjourned to Monday, March 17, 2025, at 2:00 pm for the hearing of the motion.
All eyes are now on the Federal High Court as it decides whether to strike out the case or allow the substantive suit to proceed.
