The Federal High Court in Abuja on Tuesday dismissed a suit filed by the Peoples Democratic Party (PDP) seeking to remove the lawmaker representing Okpokwu Constituency in the Benue State House of Assembly, Anthony Attah, following his defection to the All Progressives Congress (APC).
Justice Muhammed Umar, who delivered judgment in suit number FHC/ABJ/CS/2408/2025, held that the court could not assume the constitutional responsibilities assigned to the Speaker and members of the Benue State House of Assembly.
The judge noted that Attah did not deny leaving the PDP for the APC but said the procedure required to declare his legislative seat vacant had not been completed.
The PDP had sued the Independent National Electoral Commission (INEC), the APC and Attah, asking the court to determine whether votes secured by a political party during an election could effectively be transferred to another party after the elected lawmaker defected.
The opposition party also asked the court to declare Attah’s continued occupation of the seat unlawful following his defection.
It sought an order nullifying all legislative actions undertaken by the lawmaker after he left the PDP.
The party further demanded that Attah refund the salaries, allowances and other benefits he received after joining the APC.
In his judgment, Justice Umar observed that the dispute arose from the defection of a lawmaker who was elected on the platform of the PDP.
He said the case “borders on the defection of the third defendant who won the election… under the plaintiff,” adding that “the third defendant did not deny his defection to the second defendant.”
Defection Announcement Insufficient — Judge
The court, however, held that merely announcing a lawmaker’s defection was not enough to remove him from office.
“The announcement of the defection of the third defendant from the plaintiff to the second defendant is not enough,” the judge said.
Justice Umar explained that Section 109 of the 1999 Constitution prescribed the procedure to be followed before the seat of a state lawmaker could be declared vacant.
According to him, the House of Assembly must first take a decision on the vacancy, after which the Speaker would formally notify INEC to conduct a bye-election.
He held that the electoral commission could not act until the constitutional steps had been completed.
Justice Umar stated, “Unless and until this is done, the first defendant cannot act.
“Therefore, this court cannot usurp the powers of the Speaker or the honourable members of the House of Assembly.”
The judge also rejected a preliminary objection challenging the competence of the PDP’s suit.
He ruled that the originating summons disclosed a reasonable cause of action and was therefore properly brought before the court.
Despite that finding, Justice Umar dismissed the substantive claims on the grounds that the court lacked the authority to bypass the constitutional role of the state legislature.
“On the whole, this application has no value, and it is hereby dismissed,” the judge concluded.
