The Federal High Court in Abuja on Tuesday dismissed a suit by the Peoples Democratic Party seeking to strip a Benue State House of Assembly member representing Okpokwu Constituency, Anthony Attah, of his seat following his defection to the All Progressives Congress.
Justice Muhammed Umar, in a judgment in suit FHC/ABJ/CS/2408/2025, held that although Attah did not deny defecting from the PDP to the APC, the court could not assume the constitutional powers vested in the Speaker and the Benue State House of Assembly to declare his seat vacant.
The PDP had sued the Independent National Electoral Commission, the APC and Attah, asking the court to determine, among other issues, whether votes cast for the party could be transferred to another political party after a legislator defects. The party also sought declarations that Attah’s continued occupation of the seat after his defection was unlawful, that all legislative actions taken since his defection were null and void, and that he should refund salaries and other privileges received after leaving the PDP.
In the judgment, Justice Umar observed that the plaintiff’s case bordered on the defection of the third defendant, who won the election under the plaintiff, and noted that the third defendant did not deny his defection to the second defendant.
The judge, however, held that the constitutional procedure for declaring the seat vacant had not been completed. He clarified that the announcement of the defection alone was not enough. Justice Umar explained that under Section 109 of the 1999 Constitution, the House of Assembly must first declare the seat vacant, after which the Speaker is required to communicate the vacancy to INEC for the conduct of a bye-election. He held that until this was done, INEC could not act, adding that the court could not usurp the powers of the Speaker or the honourable members of the House of Assembly.
The judge also rejected the preliminary objection challenging the competence of the suit, holding that the originating summons disclosed a reasonable cause of action.
Justice Umar dismissed the substantive suit, concluding that the application had no value and was accordingly dismissed.
