A Federal High Court sitting in Port Harcourt, Rivers State has adjourned till January 21, 2025, to deliver judgment on the application in a suit filed by the Labor Party (LP), seeking the cession of 27 members of the state House of Assembly. Has been done. who had reportedly defected from his People's Democratic Party (PDP) to the All Progressives Congress (APC), should be declared vacant.
In the case filed by the Labor Party and registered in suit number FHC/PH/25/2024, the Labor Party is also asking the court to determine whether the alleged defection of the 27 MPs was justified or not.
The suit further demands that the Independent National Electoral Commission (INEC) should hold by-elections to fill the alleged vacant seats of the State House of Assembly, where the Labor Party and other interested parties can participate.
The day saw the claimant, who is the Chairman of the Caretaker Committee of the Labor Party in the state, present in court during the deliberations on the Hilda Dokubo case.
Meanwhile, during the sitting on Wednesday, counsel for the 2nd to 28th defendants in the case, including PDP Assembly Speaker Martin Amewule, among others, Ferdinand Orbih (a senior lawyer of Nigeria), told the court that the 29 defendants in the case Plans were made to consolidate the applications.
Orbih told the court that the applications relate to the same subject matter praying the court to direct the parties in the case to file and exchange pleadings and call for evidence to prove their respective cases.
He said: “We pray for your order to consolidate the three applications respectively”.
Counsel for the defendants additionally submitted their motions, stressing that the applications are supported with paragraphs of affidavit and urging the court to accept 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 defense lawyers.
Chukwu urged the court presided over by Justice Emmanuel Obele to dismiss the motion by the 1st, 2nd-28th and 29th defendants.
He said: “The defendant did not file any further affidavit. It is the law that failure to file a counter affidavit amounts to admission of all the facts stated in the counter affidavit.”
Responding to the submissions of the parties in the case, the trial judge, Justice Obele, adjourned the case to January 21, 2025 to adjudicate on the parties' applications.
Speaking to journalists outside the courtroom, the claimant’s lawyer, Chukwu, explained: “The case was adjourned today for all procedures to be adopted, but the court in its discretion looked into the file and found that the Rivers State House There are some proposals from the Assembly and 27 MLAs are asking the court to give orders for advocacy.
“So, we have responded to those proposals. Moreso, we have just told the court that as much as they filed their motion, we filed a reply, they did not file another affidavit to our counter affidavit, which means they accepted all the facts and the court 21 Postponed till January 2025. To rule.
“The first application is from the Rivers State House of Assembly. The second application concerns the 28th to 28th defendants (27 MPs), represented by Ferdinand Orbih (SAN). The third application is from the People's Democratic Party (PDP), represented by J. Moses does.”
Speaking further, Chukwu stressed, “Our position is simple, that these individuals came forward voluntarily, told the world that they have defected.
“Actually, we saw it on Channel Television, TVC, and now we are here to tell the court that they have vacated the seats so that INEC can hold a by-election where everyone including the Labor Party can participate. will participate
“Also, at the Federal High Court in Abuja, he presented an affidavit showing the fact that he has defected. PDP, while replying to that affidavit, also admitted that he had defected. Interestingly, we have video clips to play here”, Chukwu said.
On his part, Emeka Onyeka, one of the lawyers representing the second to 28th defendants in the case, explained, “This is just the preliminary step, there are applications that come to the preliminary stage and the actual application. What happened is that the court has to Before going into the case, preliminary issues needed to be ruled out.
“The defendants were asking the court to order the plaintiff to file a petition in this case on the ground that the issues before the court are moot and not one of the issues that can be determined on documentary basis. “The court is going to give its verdict today on the applications that were argued.”
Thisday earlier observed that Justice Obele adjourned till December 7 for hearing of the case filed by Hon. Victor Oko-Jumbo and three other assemblymen loyal to Governor Siminalai Fubara are also demanding that the seats of the embattled MPs be declared vacant and the court should stop the 27 legislators from performing as members of the assembly.
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