The Federal High Court in Abuja has thrown out a suit filed by the Peoples Democratic Party (PDP) seeking the removal of Anthony Attah, the member representing Okpokwu Constituency in the Benue State House of Assembly, following his defection to the All Progressives Congress (APC).
Delivering judgment on Tuesday in suit FHC/ABJ/CS/2408/2025, Justice Muhammed Umar ruled that although Attah admitted leaving the PDP for the APC, the court lacked the constitutional authority to declare his legislative seat vacant, as that responsibility rests with the Benue State House of Assembly and its Speaker.
The PDP had instituted the action against the Independent National Electoral Commission (INEC), the APC and Attah, asking the court to determine whether votes cast for a political party could be transferred to another party after an elected lawmaker defects.
The party further requested declarations that Attah’s continued stay in the Assembly after leaving the PDP was unlawful, that every legislative action he had participated in since his defection should be declared invalid, and that he should refund all salaries, allowances and other benefits received after joining the APC.
In his judgment, Justice Umar observed that the plaintiff’s case “borders 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.”
Despite that finding, the judge held that the constitutional process required to vacate the lawmaker’s seat had not been followed.
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“The announcement of the defection of the 3rd defendant from the plaintiff to the 2nd defendant is not enough,” the judge clarified.
Justice Umar explained that Section 109 of the 1999 Constitution requires the House of Assembly to first declare the seat vacant before the Speaker formally notifies INEC to conduct a bye-election.
He held that “unless and until this is done, the 1st defendant cannot act,” adding, “Therefore, this court cannot usurp the powers of the Speaker or the honourable members of the House of Assembly.”
The court also dismissed the preliminary objection challenging the competence of the suit, ruling that the originating summons disclosed a reasonable cause of action.
However, Justice Umar rejected the substantive claims of the PDP, concluding, “On the whole, this application has no value, and it is hereby dismissed.”