A Federal High Court sitting in Port Harcourt, Rivers State, has adjourned till January 21, 2025, to rule on applications in a suit filed by the Labour Party (LP), seeking that the seats of the 27 members of the State House of Assembly who allegedly defected from their Peoples Democratic Party (PDP) to the All Progressives Congress (APC) be declared vacant.
In the case filed by the Labour Party and registered in 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.
THISDAY observed in court that the claimant, who is the Caretaker Committee chairman of the Labour Party in the State, Hilda Dokubo was present in court while the matter was being deliberated.
Meanwhile, during the sitting on Wednesday, counsel for 2nd to 28th defendants in the matter including Martin Amaewhule, the embattled Speaker of the Assembly, PDP, others, Ferdinand Orbih (a Senior Advocate of Nigeria), 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.
He said: “We respectively pray for your order consolidating the three applications”.
Counsel for defendants furthermore presented their motions, insisting that the applications are backed up with paragraphs of affidavits and urged the court to grant the applications.
In his argument, the claimant’s counsel, Clifford Chukwu, did not object to the consolidation of the applications, but opposed the applications submitted by the defence counsels.
Chukwu urged the court presided by Justice 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, Justice Obele 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: “The matter was adjourned today for adoption of all processes but the Court in its wisdom looked into the file and found that there are 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 “Is just the preliminary steps, there are applications that comes 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 is 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.”
THISDAY observed earlier that Justice Obele adjourned till December 7, to hear the matter filed by Hon. Victor Oko-Jumbo, and other three Assembly members loyal to Governor Siminalayi Fubara, also seek 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.
Blessing Ibunge
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