Port Harcourt, Nigeria – A Federal High Court sitting in Port Harcourt has dismissed a suit filed by the Labour Party seeking to unseat 27 members of 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 lacks jurisdiction to hear the case, citing a binding Supreme Court decision that has already addressed the matter.
According to Justice Obile, the apex court had, in a ruling delivered on February 28, 2025, determined that there was no credible evidence showing that the lawmakers in question had defected from the PDP to the APC. As a result, the matter is deemed legally settled and cannot be reopened by a lower court.
“The Supreme Court’s judgment is binding on this court. The issue regarding the status of the 27 lawmakers has been conclusively determined. This court, therefore, lacks the jurisdiction to entertain any further proceedings on the subject,” Justice Obile stated.
The suit, marked FHC/PH/25/2024, listed the Rivers State House of Assembly, the affected lawmakers, the PDP, APC, and the Independent National Electoral Commission (INEC) as defendants.
The Labour Party had argued that the lawmakers’ alleged defection violated constitutional provisions and demanded that their seats be declared vacant. However, the defense maintained that the matter had been resolved by the Supreme Court, effectively barring any further litigation.
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Section 287(1) of the Nigerian Constitution compels all courts to adhere to decisions of the Supreme Court, a point strongly emphasized in Justice Obile’s ruling.
This verdict brings a significant legal battle to a close, affirming the authority of the Supreme Court and setting a precedent for future defection-related cases in Nigeria’s political landscape.
