The Federal High Court sitting in Port Harcourt has fixed November 4, 2026, for hearing of a suit challenging the nomination of Kingsley Chinda as the All Progressives Congress (APC) governorship candidate for the 2027 Rivers State election.
The suit, marked FHC/PH/CS/3/2026, was filed by Samuel Amatonjie against the Independent National Electoral Commission (INEC), Chinda, the Peoples Democratic Party (PDP), the APC, the Speaker of the House of Representatives and the Clerk of the House.
Amatonjie is challenging Chinda’s eligibility to have participated in the APC governorship screening and primary, arguing that his defection from the PDP to the APC was not completed in accordance with Section 68 of the 1999 Constitution, as amended, before the processes.
At Wednesday’s proceedings, Amatonjie informed the court that he had been served with processes filed by some of the defendants on September 28 and needed additional time to study and respond to them.
After hearing from the parties, the presiding judge, Justice Mohammed Turaki, adjourned the matter until November 4 for hearing.
Speaking with journalists after the proceedings, Amatonjie said the suit was instituted as a public interest action seeking an interpretation of Section 68 of the Constitution as it relates to defection by a member of the National Assembly.
He said the central question before the court was whether Chinda’s defection from the PDP to the APC had been completed by May 9, 2026, when he was screened for the APC governorship primary, and May 21, when he emerged as the party’s governorship candidate.
According to Amatonjie, Chinda’s resignation and defection letter was not read on the floor of the House of Representatives until June 2, 2026.
He argued that the court would therefore have to determine whether Chinda was constitutionally entitled to participate in the APC screening and primary before the formal reading of his defection and resignation letter.
Amatonjie, however, clarified that the suit was not asking the court to make a general determination on whether Chinda was qualified to contest the governorship election.
“I am not saying he does not have the right to contest the position of governor in Rivers State. What I am saying, by virtue of the said provision of the Constitution, Section 68, is whether, as at the material time he picked that ticket, his defection from the Peoples Democratic Party to the All Progressives Congress had crystallised,” he said.
Among the reliefs sought, the plaintiff wants the court to declare that a member of the National Assembly who defects from one political party to another must comply with the constitutional requirements governing defection before participating validly in a governorship primary conducted by the new party.
He is also asking the court to declare that INEC cannot validly recognise or publish Chinda as the APC governorship candidate if it finds that he had not validly defected from the PDP before the APC screening and primary.
The plaintiff is further seeking an order disqualifying Chinda from the 2027 Rivers State governorship election if the court grants the reliefs sought.
Counsel to the PDP, Paul Daudu (SAN), said the matter was adjourned to enable the plaintiff respond to processes filed by the defendants.
“It was slated for hearing, but the plaintiff asked for adjournment because he needed to respond to the processes filed by the first, second and third defendants. That is essentially what happened,” Daudu said.
Daudu said the plaintiff’s case was based on the contention that Chinda did not resign from his position as Minority Leader of the House of Representatives at the appropriate time.
Counsel to Chinda, Dike Udenna, also confirmed the adjournment, saying the plaintiff had requested time to respond to the preliminary objections and counter-affidavits filed by the defendants.
The court subsequently fixed November 4, 2026, for hearing of the suit.
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