Amidst the twist and turns in the political crisis which has engulfed Rivers State since October 2023, a Federal High Court sitting in Port Harcourt, Rivers State, will now on January 21, 2025, rule on applications in a suit filed by the Labour Party (LP), seeking that the seats of the 27 members of the State House of Assembly who allegedly defected from their Peoples Democratic Party (PDP) to the All Progressives Congress (APC) be declared vacant.
In the case, FHC/PH/25/2024 filed by the Labour Party the Party is also seeking the court to determine whether the alleged defection of the 27 lawmakers was proper.
The suit is further seeking that the Independent National Electoral Commission (INEC) should conduct a by-election to fill in the alleged vacant seats of the State House of Assembly, where the Labour Party and other interested parties can participate.
At the resumed hearing on the case Wednesday November 20, counsel for 2nd to 28th defendants in the matter including Martin Amaewhule, the embattled Speaker of the Assembly, PDP, others, Ferdinand Orbih (SAN) told the court that the 29 defendants in the case planned to consolidate their applications in the matter.
Orbih further told the court that the applications deal with the same subject matter which is praying the court to direct parties in the matter to file and exchange pleadings and call for evidence in proof of their respective cases.
He said: “We respectively pray for 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.
The claimant’s counsel, Clifford Chukwu, did not object to the consolidation of the applications, but opposed 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, arguing that the defendant did not file a further affidavit.
He said , “It is law that failure to file a counter affidavit amounts to an admission to all facts stated in the counter affidavit”.
But 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.
In an interview with journalists outside the courtroom, counsel for the claimant, Chukwu, explained: “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.”
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Chukwu further 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 haven 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.”
Justice Obele had earlier adjourned till December 7, to hear the matter filed by Hon. Victor Oko-Jumbo, and other three Assembly members loyal to Governor Siminalayi Fubara, also seeking that the seats of the embattled lawmakers be declared vacant and that the court should stop the 27 lawmakers from parading as members of the assembly
