The Federal High Court in Abuja on Tuesday dismissed a suit filed by the Peoples Democratic Party (PDP) seeking to remove a member of the Benue State House of Assembly representing Okpokwu State Constituency, Anthony Attah, from office over his defection to the All Progressives Congress (APC).

Delivering judgment in suit FHC/ABJ/CS/2408/2025, Justice Muhammed Umar held that although Attah admitted leaving the PDP for the APC, the court lacked the constitutional authority to declare his seat vacant, stressing that such powers rest exclusively with the Benue State House of Assembly and its Speaker.

The PDP had dragged the Independent National Electoral Commission (INEC), the APC and Attah before the court, asking it to determine whether votes cast for a political party could be transferred to another party after a legislator defects.

The party also sought declarations that Attah’s continued occupation of the seat following his defection was unconstitutional, that every legislative action he participated in after leaving the PDP was null and void, and that he should refund all salaries, allowances and other benefits received since his defection.

In his judgment, Justice Umar observed that the case centred on the defection of the third defendant, who was elected on the PDP platform, noting that Attah did not dispute that he had joined the APC.
However, the judge ruled that the constitutional process for declaring the lawmaker’s seat vacant had not been followed.

“The announcement of the defection of the third defendant from the plaintiff to the second defendant is not enough,” Justice Umar held.

He 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 formally notify INEC to conduct a bye-election.

“Unless and until this is done, the first defendant cannot act,” the judge said, adding that “this court cannot usurp the constitutional powers of the Speaker or the honourable members of the House of Assembly.”

Justice Umar also dismissed a preliminary objection challenging the competence of the suit, holding that the originating summons disclosed a reasonable cause of action.

He subsequently dismissed the substantive suit, “On the whole, this application lacks merit and is hereby dismissed.”