On March 17, 2025, the Federal High Court in Port Harcourt deferred its decision in a high-stakes legal battle involving 27 members of the Rivers State House of Assembly, reserving its ruling for April 16. The case, initiated by the Labour Party (LP), seeks to declare the lawmakers’ seats vacant following their alleged defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC). This latest development adds another layer of complexity to the ongoing political crisis in Rivers State, where legislative legitimacy and gubernatorial authority remain fiercely contested as of March 18, 2025.
Background of the Defection Dispute
The controversy stems from events in December 2023, when 27 lawmakers, led by Speaker Martin Amaewhule, publicly announced their switch from the PDP—the party under which they were elected—to the APC. This move was widely seen as an alignment with Nyesom Wike, the Minister of the Federal Capital Territory and a former Rivers State governor, amid his escalating feud with his successor, Governor Siminalayi Fubara. The defection triggered immediate backlash, with opponents arguing it violated Section 109(1)(g) of the 1999 Constitution, which mandates lawmakers to vacate their seats upon switching parties unless a division within their original party justifies the move.
The Labour Party, seizing the opportunity to challenge the lawmakers’ status, filed a suit (FHC/PH/25/2024) demanding their removal and urging the Independent National Electoral Commission (INEC) to conduct by-elections. The LP contends that the lawmakers’ actions were unjustified, citing public statements, video evidence, and affidavits as proof of their defection. The case has since become a focal point in Rivers State’s political turmoil, intertwining with broader disputes over budget approvals and legislative control.
Court Proceedings and Arguments
During the Monday session, presided over by Justice Emmanuel Obile, both sides presented their cases with vigor. Ken Njemanze (SAN), representing Amaewhule and the 26 other lawmakers, moved to dismiss the LP’s suit, arguing that a recent Supreme Court ruling on February 28, 2025, had already settled related issues. Njemanze pointed to the apex court’s decision in Suit No. SC/CV/1174/2024, which dismissed Governor Fubara’s appeal against presenting the 2024 budget to the Amaewhule-led Assembly. He submitted a Certified True Copy of the verdict, asserting that the Supreme Court had upheld the lawmakers’ legitimacy, noting that Fubara had withdrawn his defection allegations at the Federal High Court in Abuja.
Njemanze argued that pursuing the LP’s suit would contradict the Supreme Court’s stance, invoking Section 287(1) of the Constitution, which binds lower courts to higher court rulings. He urged Justice Obile to dismiss the case outright, rather than merely strike it out, to prevent further litigation on the matter.
Clifford Chukwu, counsel for the Labour Party, countered fiercely, insisting that the defection issue remained unresolved by the Supreme Court. He described it as a “collateral matter” in the budget-related ruling, emphasizing that the apex court had not explicitly adjudicated the legality of the lawmakers’ party switch. Chukwu presented evidence—including video clips of the defection announcement aired on national television and affidavits from a parallel Federal High Court case in Abuja—asserting that the lawmakers had openly admitted their move to the APC. He urged the court to proceed to a full hearing on the merits, arguing that Section 272(3) of the Constitution grants the Federal High Court jurisdiction over defection disputes involving state lawmakers.
Chukwu also challenged the defendants’ affidavit, noting that it was deposed by a lawyer named in the suit, which he claimed breached legal practice standards. This procedural objection added another dimension to the LP’s push to keep the case alive.
Judicial Response and Adjournment
Justice Obile, after hearing both arguments, reserved judgment until April 16, 2025, to rule on the lawmakers’ dismissal application. The adjournment reflects the court’s intent to carefully weigh the Supreme Court’s precedent against the LP’s evidence and constitutional claims. The decision will determine whether the case proceeds to a substantive hearing or is terminated at this preliminary stage, significantly impacting the political landscape in Rivers State.
The Broader Political Stakes
The defection suit is more than a legal tussle—it’s a microcosm of Rivers State’s power struggle. The Amaewhule-led faction, loyal to Wike, has clashed repeatedly with Governor Fubara, who accuses them of undermining his administration. The Supreme Court’s February ruling, which ordered Fubara to re-present the 2024 budget to Amaewhule’s Assembly, was a setback for the governor, reinforcing the lawmakers’ authority. However, the LP’s case keeps the defection question alive, offering Fubara’s allies a potential avenue to unseat Wike’s legislative base.
The lawmakers’ initial defection justification—that a division within the PDP over its National Secretary position warranted their move—has been disputed. The PDP itself acknowledged their exit in court filings, yet Amaewhule later denied defecting, a contradiction that Chukwu highlighted with video evidence. This flip-flop has muddied the waters, leaving their status in legal limbo.
Public and Political Reactions
The court’s delay has fueled speculation and debate across Nigeria. On platforms like X, sentiments vary: some hail the lawmakers’ resilience, citing the Supreme Court’s backing, while others rally behind the LP, arguing that defection without a clear party crisis is indefensible. The case’s outcome could set a precedent for how defection disputes are handled nationwide, especially in a political system where party-switching is common but rarely penalized.
For Rivers residents, the standoff is a distraction from pressing issues like infrastructure and security. The state’s oil wealth amplifies the stakes, as control over its resources hinges on who holds legislative and executive power. A ruling against the lawmakers could trigger by-elections, reshaping the Assembly, while a dismissal might solidify Wike’s influence through Amaewhule’s faction.
What Lies Ahead
As April 16 approaches, all eyes will be on Justice Obile’s decision. A dismissal would bolster the Amaewhule-led Assembly, potentially stabilizing their operations but intensifying Fubara’s isolation. Conversely, allowing the suit to proceed could prolong uncertainty, with the LP’s evidence—video clips, affidavits, and public admissions—facing scrutiny in a full trial. Either way, the ruling will reverberate beyond Port Harcourt, influencing Nigeria’s jurisprudence on defection and political loyalty.
For now, the Rivers State House of Assembly remains a battleground, its legitimacy hanging in the balance as legal, political, and personal loyalties collide. The Federal High Court’s forthcoming verdict will either close this chapter or ignite a new phase in one of Nigeria’s most contentious political dramas.
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