The pro Wike Legislators continued the harvest of victories in court as Justice Emmanuel A. Obile of the Federal High Court Port Harcourt has struck out a suit challenging the defection of the 27 members of the Rivers State House of Assembly.
Delivering judgment on Tuesday in the matter instituted by the Labour Party, seeking to have the lawmakers’ seats declared vacant over alleged defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC), Justice Obile cited a recent Supreme Court decision, which he said had already addressed the issue of defection raised in the suit.
The Federal High Court Judge declared that he lacked the jurisdiction to adjudicate on a matter that had been conclusively determined by the apex court.
In his defense, the legal team for the defendants had urged the court to dismiss the suit, citing a recent Supreme Court judgment.
The team further presented a Certified True Copy of the apex court’s decision, which they argued reaffirmed the leadership of the Assembly under Amaewhule.
They also noted that Governor Siminalayi Fubara had withdrawn the allegations of defection in a separate case at the Federal High Court in Abuja.
On his presentation, the Labour Party Counsel, Clifford Chukwu, had argued that the issue of defection remained a “collateral matter” and urged the court to proceed with the case, referencing the body of evidence already before it.
