With tensions high in Rivers State, the court has fixed a date to resolve the Assembly crisis. Discover the latest developments.
A Federal High Court in Port Harcourt, Rivers State, has scheduled a ruling for January 21, 2025, regarding applications submitted by the Labour Party (LP) related to the defection of 27 members of the State House of Assembly from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
The LP is requesting a declaration that the seats of these defected lawmakers be deemed vacant. Additionally, the court has postponed a related case until December 10, where Hon. Victor Oko-Jumbo and three other Assembly members, aligned with Governor Siminalayi Fubara, are pursuing a similar declaration of vacancy and seeking an order to prevent the 27 lawmakers from claiming legitimacy as Assembly members.
In the Labour Party’s suit (FHC/PH/25/2024), the party seeks a judicial determination on the validity of the lawmakers’ defection and an order for the Independent National Electoral Commission (INEC) to conduct by-elections for the purportedly vacant seats.
Hilda Dokubo, the LP’s Caretaker Committee chairman in Rivers State, attended the court proceedings.
The defendants’ counsel, Ferdinand Orbih (SAN), informed the court of the intention to consolidate their applications, which request guidance on filing and exchanging pleadings and evidence.
He urged the court to approve the consolidation of the three applications. The claimant’s counsel, Clifford Chukwu, did not oppose the consolidation but contested the motions presented by the defense.
Chukwu urged Justice Emmanuel Obele to reject the motion submitted by the 1st, 2nd-28th, and 29th defendants, asserting that their failure to file a further affidavit constitutes an admission of all facts presented in the counter affidavit.
In response to the arguments from both sides, Justice Obele postponed the ruling on the applications until January 21, 2025.
After the court session, Chukwu informed reporters that the adjournment was necessary for the adoption of all relevant documents, but the court identified pending motions from the Rivers State House of Assembly and 27 lawmakers requesting the court to mandate pleadings.
He noted that while they had responded to these motions, the defendants did not submit a further affidavit, thereby admitting the facts in the counter affidavit.
Chukwu emphasized that the individuals in question had publicly declared their defections, and he argued that they should vacate their seats to allow INEC to organize a by-election in which all parties, including the Labour Party, could participate.
At the Federal High Court in Abuja, an affidavit was submitted confirming the defendants’ defection, to which the PDP acknowledged their departure. Chukwu noted the availability of video evidence to support this claim.
Emeka Onyeka, representing the defendants, clarified that the proceedings are at a preliminary stage, involving initial applications before addressing the substantive issues.
He indicated that the court must resolve these preliminary matters prior to delving into the core issues.
The defendants requested the court to compel the plaintiff to submit pleadings, arguing that the matters at hand are contentious and cannot be resolved solely through documentary evidence.
A ruling on the debated applications is expected from the court.
Peoplesmind
