BREAKING: Court Dismisses Labour Party’s Suit Against Defection of 27 Rivers Lawmakers
A Federal High Court sitting in Port Harcourt has dismissed suit filed by Labour Party in Rivers State against the alleged defection of suspended Speaker of Rivers State House of Assembly, Martins Amaewhule and 26 other lawmakers.
The presiding Judge, Justice Emmanuel Obile, in his judgment cited the judgment of Supreme Court which he said touched on the issue of defection and declared that he can not preside on a matter that have already been decided by the apex court
The Labour Party had filed the suit challenging the legitimacy of 27 lawmaker members accused of defecting from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
The ruling, delivered on Monday by Justice Obile,cited a lack of jurisdiction due to a binding Supreme Court judgment, prompting the Labour Party to vow an appeal.
In Suit No: FHC/PH/25/2024, the Labour Party went to court seeking to have the lawmakers’ seats declared vacant, arguing that their defection violated constitutional provisions under Section 272(3) of the 1999 Constitution (as amended).
But Justice Obile in his judgement held that the court was bound by Section 287(1) of the Constitution, which mandates adherence to Supreme Court decisions.
Referencing a February 28, 2025, Supreme Court ruling, the judge stated that the apex court had resolved the issue, confirming that the 27 lawmakers did not defect.
“The Supreme Court’s judgment is binding on this court,” Justice Obile declared. “The issue of the lawmakers’ status has been settled, and this court lacks jurisdiction to reopen it.”
During the March 17, 2025 hearing, K.C.O. Njemanze (SAN), representing the Rivers State House of Assembly, led the defense, supported by F. Orbih (SAN), J.Y. Musa (SAN) and other counsel, who urged the court to dismiss the case on the grounds of functus officio. They cited the Supreme Court’s decision as definitive.
Counsel for the Labour Party, Clifford N. Chuku, Esq, countered that the apex court’s ruling addressed the doctrine of necessity rather than the issue of defection, urging the court to hear the substantive suit to ensure a fair hearing.
It would be recalled that the 27 lawmakers on the floor of the House of Assembly in 2024 had publicly declared their defection from the PDP to APC and were seen waving the APC flags.
Also, they were gladly received into the ruling party at an event organised by Chief Tony Okocha, the then caretaker committee chairman of the party at Port Harcourt Polo club.
Meanwhile, Rivers State Judiciary has dismissed the reason given by retired Chief Magistrate, Ejike King-George for his retirement as Magistrate of the Judiciary of Rivers State.
The magistrate had tendered his resignation from service, citing the unlawful appointment of a Sole Administrator to oversee the political affairs of the state.
In the letter, addressed to the Honourable Chief Judge of Rivers State through the Secretary of the Rivers State Judicial Service Commission Magistrate on April 11, 2025, George said the appointment of a sole administrator is tantamount to a ‘quasi-military administration’.
In the letter titled “Voluntary Retirement from Service”, George expressed dismay over the direction of the governance of the state, which he said is “alien” and “antithetical” to the values of the legal profession.
“This is intended to convey my decision to voluntarily retire my appointment as Magistrate of the Judiciary of Rivers State. This difficult and regrettable decision is informed largely by my discomfort with the recent appointment of a quasi-military administration to run the affairs of a modern state like ours.
“Milord will agree with me that this type of governance system is not only alien but also runs antithetical to our hallowed profession as legal practitioners and adjudicators.
He continued that “Having put in a whopping 16 out of my 22 years of legal practice into this Judiciary as Magistrate under successive democratic administrations, I find it difficult to work with the current setting, as doing so would amount to a tacit and naïve acquiescence”.
Reacting to the resignation saga, the Chief Registrar of Rivers State High Court, David Ihua-Maduenyi said George was compulsorily retired from service with effect from February 10, 2025 for disciplinary reasons bothering specifically on complaints of continuous absence from duty without leave from August 2025, 2023 till December, 2024.
Speaking with Journalists, Ihua-Maduenyi clarified that the retired Chief Magistrate sequel to the complaints by Judicial Service Commission appeared before a disciplinary panel which found him wanting and made recommendations including voluntary retirement or would be compulsorily retired, a recommendation which was submitted to the JSC
“Sequel to the above, Ejike K. George Esq appeared before a disciplinary panel which found him wanting and made recommendations to the Commission. The Commission offered Ejike K. George Esq. opportunity to retire voluntarily within a specific time frame or be compulsorily retired. Ejike K. George Esq having failed to retire voluntarily within the said time frame was consequently retired compulsorily with effect from February 10, 2025, and this was duly communicated to him.”
The chief registrar of the State High Court of Justice, said the attempt by the magistrate to link his exit from service with the political situation is not only contrived falsehood but a mischievous action calculated to deceive members of the public and attract undue sympathy and undeserved patronage.
“The attempt by Ejike K. George Esq. to link his exit from service to the political situation is not only a contrived falsehood but a mischievous action calculated to deceive the public, attract undue sympathy and undeserved patronage”, Ihua-Maduenyi added.
