A State High Court sitting in Port Harcourt has struck out a suit
challenging the defection of members of the Rivers State House of Assembly.
The applicants are seeking an order declaring the seats of the lawmakers vacant for crossing from the Peoples Democratic Party to the All Progressives Congress.
10 representatives of the Rivers State Elders and Leaders Forum are
listed as applicants in this case.
This hearing was for the court to grant leave for substituted service of
originating summons on the first respondent, President Bola Tinubu and the second respondent, Governor Siminalayi Fubara.
Lawyers for the applicants told the court that it had proven difficult
to serve them in person mainly due to the positions that they occupy.
Other respondents include Martin Amaewhule and 24 other lawmakers, the Rivers State House of Assembly and the Peoples Democratic Party.
But rather than rule on the issue of serving the processes through a
third party, Justice Chiwendu Nwogu struck out the case for lack of
jurisdiction.
Despite this legal setback, the applicants intend to push forward with
their plan to challenge the defection of 25 state lawmakers.
They also want the court to nullify all actions taken by the respondents after their defection and do the opposite to the group led by Edison Ehie who once announced himself as speaker of the House.
Also before the court are questions about the legality of the 8-point
resolution brokered by the President on the political crisis in Rivers
State.
Th Applicants say they would appeal the ruling but are worried that
justice may not prevail in the case due to alleged political influence.
