There appears to be no end in sight to the political crisis in Rivers State as an Abuja Federal High Court has been asked to stop a major candidate, Kingsley Chinda, from participating in 2027 governorship election in the state.
Chinda, a known ally of Federal Capital Territory, FCT,
minister, Nyesom Wike, emerged the governorship candidate of the All
Progressives Congress, APC, in the party’s primary election held on May 21,
2026. Chinda stood as the sole candidate in the election following the last
minute withdrawal of other contestants – incumbent Governor Siminalayi Fubara,
Tonye Cole and Alabo Dakorinama George-Kelly.
Following the development, Chinda is currently the
governorship candidate of the ruling APC in Rivers State while also serving as
Minority Leader of the House of Representatives, a position he occupies due to
his membership of the Peoples Democratic Party, PDP.
Not much was heard about the lawmaker’s defection to the APC
until his name came up as one of the aspirants in the ruling party’s Rivers
gubernatorial primary.
However, legal hurdles have emerged in the APC gubernatorial
flagbearer’s path ahead of the 2027 election as an association of lawyers, who
include members of Chinda’s Obio/Akpor Federal Constituency of Rivers State,
has approached an Abuja Federal High Court seeking to stop him from taking part
in the 2027 poll on the grounds that his defection from the PDP to the APC did
not comply with provisions of the Electoral Act 2026, as amended, as well as
Supreme Court pronouncements on defection of legislators.
According to court documents obtained by DAILY POST, lawyers
under the aegis of Incorporated Trustees of the Association of Legislative
Drafting and Advocacy Practitioners filed the suit on May 12, 2026, asking the
court to stop Chinda from participating in the APC gubernatorial primary, and,
in the event he emerges as candidate, bar him from participating in the general
election.
Listed as respondents in the suit filed on behalf of the
plaintiff by J. B Lamay, Esq, are Chinda, George-Kelly, Independent National
Electoral Commission, INEC, Speaker House of Representatives, APC, Department
of State Services, DSS, and Attoney-General of the Federation and Minister of
Justice.
Besides an order stopping Chinda from participating in the
gubernatorial election in Rivers State, the plaintiff also asked the court to
order the Speaker of the House of Representatives to immediately remove him as
Minority Leader due to dual party membership, and declare his seat vacant.
Reliefs sought by the plaintiff include an order directing
INEC to conduct a bye-election to fill the said vacancy due to Chinda’s alleged
violation of Section 68 (1) (g) of the Constitution of the Federal Republic of
Nigeria, 1999 and the Supreme Court of Nigeria judgment of 27th February 2025
that stipulates the steps for defection by legislators.
In the same vein, the plaintiff asked the court to order the
national leadership of the APC to reject and prevent Chinda and George-Kelly
from participating in the Rivers State governorship primaries due to violations
of the provisions of the Electoral Act, 2026. In George-Kelly’s case, the court
was informed that he failed to resign his position as Director-General of the
Border Communities Development Agency according to the directive that all
appointees of the President of Nigeria ought to resign by 30th March 2026 if
they seek to contest elective positions in the 2027 general elections.
However, with George-Kelly having withdrawn from the
primary, Chinda’s emergence as APC gubernatorial candidate is now under threat
going by the reliefs sought in the lawsuit.
Specifically, the plaintiff asked the court for “an order
directing INEC not to recognize or accord validity to the participation,
nomination and/or candidature of the 1st and 2nd defendants/respondents (Chinda
and George-Kelly) in the APC Rivers State governorship primary election”
pending the determination of the suit.
Stating the grounds for seeking the reliefs, the plaintiff
noted that Chinda’s defection to the APC was inconsistent with the provisions
of Section 68 (1) (g) of the Constitution of the Federal Republic of Nigeria,
1999, and pronouncements of the Supreme Court of Nigeria on steps for defection
by legislators.
Also, in an affidavit in support of the originating summons,
Jesse Amuga, Administrative Secretary of Association of Legislative Drafting
and Advocacy Practitioners, held that “the plaintiff reasonably believes that
the continued occupation of legislative office by the 1st Defendant)/Respondent
(Chinda) while simultaneously participating in APC governorship activities is
unconditional, unlawful and contrary to democratic ethics and constitutional
order”.
The plaintiff further noted that, in October 2025, lawyers
who represent Chinda’s constituents served him a pre-action notice of their
intention to commence his recall process if he defects from the PDP to the APC.
According to the plaintiff, by April 2026, the lawmaker disobeyed them and
defected to the APC, prompting the lawsuit.
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