Port Harcourt, April 15, 2025 — The Federal High Court in Port Harcourt has dismissed a suit filed by the Labour Party seeking the removal of 27 lawmakers in the Rivers State House of Assembly over alleged defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
Delivering judgment on Tuesday, Justice Emmanuel Obile ruled that the court lacked jurisdiction to entertain the matter, citing a binding Supreme Court decision on the same issue.
In the suit marked FHC/PH/25/2024, the Labour Party had argued that the lawmakers’ alleged defection violated Section 272(3) of the 1999 Constitution (as amended) and should lead to their seats being declared vacant.
However, Justice Obile referenced the Supreme Court’s February 28, 2025 judgment, which found no credible evidence of defection and effectively settled the issue. He emphasized that under Section 287(1) of the Constitution, lower courts are bound to uphold Supreme Court decisions.
“The Supreme Court’s judgment is binding on this court. The issue of the lawmakers’ status has been settled, and this court lacks jurisdiction to reopen it,” the judge stated.
The suit had named the Rivers State House of Assembly, the 27 lawmakers, the PDP, the APC, and the Independent National Electoral Commission (INEC) as defendants. All parties aligned with the argument that the matter was conclusively addressed by the apex court.
