₦airaland Forum

Labour Party Opposes Move To Strike Out Suit Over Defection, As 27 Rivers Assembly Cites Supreme Court Judgment

The Federal High Court in Port Harcourt has adjourned the suit filed by the Labour Party against the Rivers State House of Assembly (RSHA) and 30 others to Monday, March 17, 2025, for the hearing of a motion seeking to strike out the case.

"At the resumed hearing of Suit No: FHC/PH/25/2024 on March 11, 2025, K.C.O. Njemanze, SAN, counsel for the Rivers State House of Assembly, informed the court of a motion filed on March 10, 2025, urging the court to strike out the suit in light of the Supreme Court’s ruling on February 28, 2025. Njemanze argued that the apex court had already determined all issues raised in the case and that, under Section 287(1) of the 1999 Constitution (as amended), the Federal High Court was bound to comply with the Supreme Court’s decision."

"However, Clifford N Chuku Esq., counsel for the Labour Party, opposed the motion, stating that he had filed a reply that morning on points of law to contest the motion to strike out the case. He asserted that the facts surrounding the Supreme Court’s ruling were distinguishable from the subject of the current suit, which centers on the defection of 27 lawmakers from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC). Chuku further emphasized that the Federal High Court, under Section 272(3) of the 1999 Constitution (as amended), has exclusive jurisdiction to determine issues of defection involving House of Assembly members.

While Njemanze, SAN, urged the court to first hear the motion to strike out the suit, Clifford N Chuku Esq., argued that, in the interest of fair hearing, all pending matters should be taken together before judgment is delivered. He contended that hearing the motion separately could lead to a denial of justice."

"In a bench ruling, Justice E.A. Obile of the Federal High Court (Court 2), Port Harcourt Judicial Division, decided that the court would first hear the motion on notice before considering the substantive case. Consequently, upon agreement of both parties, the matter was adjourned to Monday, March 17, 2025, at 2:00 PM for the hearing of the motion."

Hmm 🤔

Nigeria is not serious for growth and development yet.

How many of the Rivers state assembly members are in LP?

helinues:
How many of the Rivers state assembly members are in LP?

That's whay people say small nyash sey shake.

Obiedun:
That's whay people say small nyash sey shake.

One would think they are in their majority before making this demand

LP and their court cases

Step-by-step process for impeaching a state governor in Nigeria:

Step 1: A written allegation of gross misconduct against the governor must be signed by at least one-third of the members of the State House of Assembly and presented to the Speaker of the State House of Assembly.

Step 2: Within seven days, the Speaker of the House of Assembly is expected to serve the state governor with a copy of the notice of allegation.

Step 3: The governor has a right to reply to the allegation levelled against him. The state lawmakers must be served each with the response from the governor.

Step 4: Within 14 days of the presentation of the notice to the Speaker of the House, they shall resolve by motion without any debate whether or not the allegation shall be investigated. The motion must be passed by at least a two-thirds majority of all members of the State House of Assembly.

Step 5: If the motion fails to get two-thirds, the process shall be halted. If the required votes is met, then the Speaker shall within 7 days of the passing of the motion, request the Chief Judge of the State to appoint a Panel to investigate the allegations.

Members of the panel should not have a political affiliation

Step 6: Within three months, The panel is expected to report its findings to the State House of Assembly.

During the proceedings of the Panel, the Governor shall have a right to defend himself or have the right to be defended by a legal practitioner.

Step 7: Where the allegations of gross misconduct against the governor can not be proven, the impeachment proceedings shall end right there.

If the allegations can be substantiated, the House of Assembly shall consider the report and a resolution for adoption of the report shall be moved.

Step 8: At least two-thirds of members of the House of Assembly must vote in support of the resolution to be adopted and the governor shall be impeached while his motion to swear in his deputy shall be moved immediately and adopted.

- Journalist KC

This is what happens when you have a party of 3 people. Even in court they still fighting each other.

Labour Party has become a joke.

helinues:
One would think they are in their majority before making this demand

Mo mind them. They will soon fizzle out.

Ok
To forgive is divine

Salewa97:
This is what happens when you have a party of 3 people. Even in court they still fighting each other.

Labour Party has become a joke.

On this case, Labour party is fighting the PDP

Xscape1993:
Nigeria is not serious for growth and development yet.

We're not ready for growth, at all!