PORT HARCOURT — The Labour Party’s bid to remove 27 lawmakers from the Rivers State House of Assembly over their defection to the All Progressives Congress (APC) has hit a roadblock. The Federal High Court in Port Harcourt has said it cannot hear the case, pointing to a Supreme Court judgment that has already ruled on the issue.
The court, led by Justice E.A. Obile, said on Tuesday that the matter had been concluded by the Supreme Court on February 28, 2025. According to the judge, the apex court’s ruling is final, and no lower court can reopen it.
“This court cannot decide what the Supreme Court has already settled,” Justice Obile said.
The Labour Party had taken the lawmakers to court under suit number FHC/PH/25/2024, asking for their seats to be declared vacant. They argued that the lawmakers broke the law when they moved from the Peoples Democratic Party (PDP) to the APC in 2024 without following due process.
The lawmakers had publicly announced their defection during a House session, even waving APC flags in celebration. They were later welcomed into the APC at a grand event hosted by Chief Tony Okocha at the Port Harcourt Polo Club.
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The Labour Party believes the defection was unconstitutional and insisted that the 27 lawmakers no longer have the right to remain in the House.
But during the last court hearing on March 17, top lawyers representing the House, including K.C.O. Njemanze (SAN), F. Orbih (SAN), and J.Y. Musa (SAN), told the court that the Supreme Court had already settled the matter. They said there was no need to re-open the issue, calling the case functus officio—a legal term meaning the court has finished its job on that topic.
Labour Party’s lawyer, Clifford Chuku, disagreed. He argued that the Supreme Court ruling focused on a different aspect—the doctrine of necessity—and not the actual question of whether the lawmakers had the right to defect. He believes the Federal High Court should have heard the case fully.
After the case was dismissed, Chuku didn’t back down. Speaking to journalists, he said: “We are going to the Court of Appeal. The defection issue hasn’t been judged on its own merit, and we believe justice still needs to be done.”
