Court to rule on key applications on 27 lawmaker fate January 21, 2025

Another twist is opening up in the ever-twisting political crisis in Rivers State as the case by the Labour Party to declare the seats of the 27 allegedly defected lawmakers vacant will get a ruling on January 21, 2025.

Also, the same court adjourned to December 7, 2024, on the case brought by one speaker against another speaker in the divided House of Assembly; Victor Oko-Jumbo (backed by Governor Sim Fubara against Nyesom Wike-backed Martin Amaewhule).

This is because a Federal High Court sitting in Port Harcourt, has adjourned to that date to rule on applications in the suit seeking that the seats of the State House of Assembly who allegedly defected from their People’s Democratic Party (PDP) to the All Progressives Congress (APC) be declared vacant.

In the case with suit number FHC/PH/25/2024, the Labour 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.

The claimant, who is the Caretaker Committee Chairman of Labour Party in the State, Hilda Dokubo, was present in court while the matter was being deliberated.

Ferdinand Orbih, SAN, counsel for 2nd to 28th defendants in the matter (Martin Amaewhule, the Nyesom Wike-backed factional speaker of the Assembly, PDP, others), told the court that the 29 defendants in the case planned to consolidate their applications in the matter.

Orbih 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.

The counsel further presented their motions, insisting that the applications were backed up with paragraphs of affidavits and urged the court to grant the applications.

In his argument, the claimant counsel, Clifford Chukwu, did not object to the consolidation of the applications, but opposed the applications submitted by the defence counsels.

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Chukwu urged the court presided by Emmanuel Obele to dismiss the motion by the 1st, 2nd-28th, and 29th defendants. He said “The defendant did not file a further affidavit. It is law that failure to file a counter affidavit amount to an admission to all facts stated in the counter affidavit”.

Reacting to the submissions by the parties in the matter, the trial judge, adjourned the matter till January 21, 2025 for ruling on applications by the parties.

Speaking with journalists outside the courtroom, counsel for the claimant (Chukwu) explained that the matter was adjourned today for adoption of all processes but the Court in its wisdom looked into the file and found that there were 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.”

Speaking further, Chukwu 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 that it Is just the preliminary steps, and that there are applications that come at preliminary stage and substantive application.”What happened is that 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 ruling on the applications that were debated today, Onyeka said.”

Earlier, Justice Obele adjourned till December 7, 2024, to hear the matter filed by Victor Oko-Jumbo, and other three Assembly members loyal to Governor Siminalayi Fubara.

They are 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.