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The Federal High Court in Port Harcourt has fixed January 21, 2025, to rule on the application filed by the Labour Party, which seeks to declare vacant the seats of 27 members of the Rivers State House of Assembly who allegedly decamped from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
The suit, numbered FHC/PH/25/2024, filed by the Labour Party, challenges the legality of the lawmakers’ defection, citing their allegiance to former governor Nyesom Wike.
It also calls on the Independent National Electoral Commission (INEC) to conduct by-elections to fill the seats, enabling the Labour Party and other political parties to contest.
During the hearing on Wednesday, presided over by Justice Emmanuel Obele, the Labour Party’s Caretaker Committee Chairman in Rivers State, Hilda Dokubo, was present.
Representing the 27 lawmakers and other defendants, Senior Advocate of Nigeria Ferdinand Orbih requested the court to consolidate three pending applications in the matter.
“We respectfully pray for your order consolidating the three applications,” Orbih stated.
The Labour Party’s counsel, Clifford Chukwu, opposed the motion, arguing that the defendants failed to file a further affidavit, which, under the law, signifies an admission of the facts stated in the counter-affidavit.
After hearing arguments from both parties, Justice Obele adjourned the case to January 21, 2025, for a decision on the applications.
Speaking to reporters outside the courtroom, Chukwu reiterated the Labour Party’s stance: “These lawmakers publicly declared their defection. We have evidence, including television broadcasts on Channels TV and TVC, where they admitted this. We are asking the court to declare their seats vacant so INEC can organize by-elections where Labour Party and others can participate.”
Chukwu also mentioned that the lawmakers had submitted affidavits in a related case at the Federal High Court in Abuja, confirming their defection.
“Even the PDP acknowledged their defection in its response. We also have video clips to present in court,” he added.
Meanwhile, Justice Obele is handling a separate case brought by three lawmakers loyal to Governor Siminalayi Fubara. The suit also seeks the removal of the 27 pro-Wike lawmakers.
The judge adjourned this matter to December 10, 2024, for further hearing, following submissions by Victor Oko-Jumbo, leader of the pro-Fubara lawmakers.
