The Federal High Court in Abuja has dismissed a suit filed by the Peoples Democratic Party (PDP) seeking the removal of Anthony Attah, the lawmaker representing Okpokwu Constituency in the Benue State House of Assembly, following his defection to the All Progressives Congress (APC).
Gatekeepers News reports that delivering judgment on Tuesday in suit FHC/ABJ/CS/2408/2025, Justice Muhammed Umar held that although Attah did not deny defecting from the PDP to the APC, the court lacked the constitutional authority to declare his legislative seat vacant.
According to the judge, the 1999 Constitution vests that responsibility in the Benue State House of Assembly and its Speaker, meaning the court could not exercise powers reserved for those institutions.
“The announcement of the defection of the 3rd defendant from the plaintiff to the 2nd defendant is not enough,” Umar held.
The judge explained that under Section 109 of the 1999 Constitution, the House of Assembly must first declare the seat vacant before the Speaker can notify the Independent National Electoral Commission (INEC) to conduct a bye-election.
“Unless and until this is done, the 1st defendant cannot act,” the judge said.
“Therefore, this court cannot usurp the powers of the speaker or the honourable members of the house of assembly.”
The PDP had instituted the suit against INEC, the APC and Attah, asking the court to determine whether votes cast for a political party could effectively be transferred to another party after a lawmaker defects.
The party also sought declarations that Attah’s continued membership of the Benue Assembly after leaving the PDP was unlawful, that every legislative action he participated in following his defection should be declared invalid, and that he should refund all salaries, allowances and other benefits received since joining the APC.
In his ruling, Umar noted that the case revolved around Attah’s defection and observed that the lawmaker had not challenged the allegation.
“The third defendant did not deny his defection to the second defendant,” the judge said.
Justice Umar also dismissed a preliminary objection challenging the competence of the suit, holding that the originating summons disclosed a reasonable cause of action.
However, after considering the substantive issues, the court found no merit in the PDP’s claims and dismissed the suit.
“On the whole, this application has no value and it is hereby dismissed,” the judge held.
