A Federal High Court sitting in Port Harcourt, Rivers State, has fixed January 21, 2025, for the ruling whether the seats of the 27 members of the Rivers State House of Assembly who allegedly defected from Peoples Democratic Party (PDP) to the All Progressives Congress (APC) will be declared vacant or not.

A case filed by the Labour party and registered in Suit number FHC/PH/25/2024, the Party is asking the court to determine the fate of the 27 lawmakers, if their actions were in line with the constitution or not.

The suit is seeking that the Independent National Electoral Commission (INEC) conduct a by-election to fill in the alleged vacant seats of the lawmakers loyal to the Minister of Federal Capital Territory, Nyesom Wike, where the Labour Party and other interested parties can participate.

The court was presided over by Justice Emmanuel Obele.

At the court on Wednesday, the claimant, who is the Caretaker Committee chairman of the Labour Party in the state, Hilda Dokubo was present while the matter was deliberated.

Counsel for 2nd to 28th defendants in the matter including Martin Amaewhule, the embattled Speaker of the Assembly, PDP, and others, Ferdinand Orbih (SAN), told the court that the 29 defendants in the case planned to consolidate their applications in the matter.

Orbih told the court that the application deals with the same subject matter which is praying the court to direct parties in the matter to file and exchange pleadings and call for evidence in proof of their respective cases.

He said, “We respectively pray for your order consolidating the three applications.”

Counsel for defendants further presented their motions, insisting that the applications are backed up with paragraphs of affidavits and urged the court to grant the applications.

In his argument, the claimant counsel, Clifford Chukwu, objected not to the consolidation of the applications, but opposed to the applications submitted by the defence counsels.

Chukwu urged the court presided by Justice Emmanuel Obele to dismiss the motion by the 1st, 2nd-28th, and 29th defendants.

He said “The defendant did not file a further affidavit. It is law that failure to file a counter affidavit amounts to an admission to all facts stated in the counter affidavit.”

Reacting to the submissions by the parties in the matter, the trial judge, Justice Obele adjourned the matter till January 21, 2025 for ruling on applications by the parties.