A Federal High Court in Port Harcourt has thrown out a case filed by the Labour Party asking that the seats of 27 lawmakers in the Rivers State House of Assembly be declared vacant.
The party had accused the lawmakers of leaving the Peoples Democratic Party to join the All Progressives Congress, which they claimed should lead to the lawmakers losing their positions.
But delivering his judgement on Tuesday, Justice Emmanuel Obile said the court could not hear the case because the Supreme Court had already ruled on the matter.
He explained that the apex court had earlier, on February 28, 2025, said there was no evidence that the lawmakers had defected. Based on that, the case had already been settled.
“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,” Justice Obile stated.
The case, numbered FHC/PH/25/2024, had the Rivers State House of Assembly, the 27 lawmakers, PDP, APC, and the Independent National Electoral Commission as defendants.
Justice Obile referred to Section 287(1) of the Nigerian Constitution, which says that all courts must follow decisions made by the Supreme Court.
The Labour Party had argued that the lawmakers’ alleged defection went against the Constitution and that they should be removed from office.
But the defendants insisted that the Supreme Court had already handled the matter and ruled that there was no proof of defection, meaning no other court could look into it again.
This ruling is seen as a win for the lawmakers, who are known supporters of former Rivers State Governor, Nyesom Wike.
