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LP has opposed a motion to strike out a suit over the defection of 27 Rivers Assembly members.
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The motion was filed by the Rivers State House of Assembly, citing a Supreme Court judgment.
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The case has been adjourned to March 17, 2025, for the hearing of the motion.
The Federal High Court in Port Harcourt has adjourned a suit filed by the Labour Party against the Rivers State House of Assembly (RSHA) and 30 others to Monday, March 17, 2025.
At the resumed hearing of Suit No: FHC/PH/25/2024 on March 11, 2025, K.C.O. Njemanze, SAN, counsel for the Rivers State House of Assembly, informed the court of a motion filed on March 10, 2025, urging the court to strike out the suit in light of the Supreme Court’s ruling on February 28, 2025.
“The apex court had already determined all issues raised in the case and that, under Section 287(1) of the 1999 Constitution (as amended), the Federal High Court was bound to comply with the Supreme Court’s decision,” Njemanze argued.
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However, Clifford N Chuku Esq., counsel for the Labour Party, opposed the motion, stating that he had filed a reply that morning on points of law to contest the motion to strike out the case.
“The facts surrounding the Supreme Court’s ruling were distinguishable from the subject of the current suit, which centers on the defection of 27 lawmakers from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC),” Chuku said.
Chuku further emphasized that the Federal High Court, under Section 272(3) of the 1999 Constitution (as amended), has exclusive jurisdiction to determine issues of defection involving House of Assembly members.
While Njemanze, SAN, urged the court to first hear the motion to strike out the suit, Clifford N Chuku Esq., argued that, in the interest of fair hearing, all pending matters should be taken together before judgment is delivered.
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“He contended that hearing the motion separately could lead to a denial of justice,” Chuku added.
In a bench ruling, Justice E.A. Obile of the Federal High Court (Court 2), Port Harcourt Judicial Division, decided that the court would first hear the motion on notice before considering the substantive case.
Consequently, upon agreement of both parties, the matter was adjourned to Monday, March 17, 2025, at 2:00 PM for the hearing of the motion.
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