The Federal High Court in Abuja on Tuesday dismissed a suit filed by the Peoples Democratic Party (PDP) seeking to remove Anthony Attah, the member representing Okpokwu Constituency in the Benue State House of Assembly, following his defection to the All Progressives Congress (APC).
Delivering judgment in suit number FHC/ABJ/CS/2408/2025, Justice Muhammed Umar held that while Attah did not deny leaving the PDP for the APC, the court lacked constitutional authority to declare his seat vacant. That power, the judge explained, rests solely with the Speaker and members of the Benue State House of Assembly.
The PDP had asked the court to determine whether votes cast for its candidates could be transferred to another party after defection. It also sought declarations that Attah’s continued stay in office was unlawful, that his legislative actions since defecting were invalid, and that he should refund salaries and privileges received after leaving the PDP.
Justice Umar, however, ruled that the constitutional procedure under Section 109 of the 1999 Constitution had not been followed. He noted that the House of Assembly must first declare the seat vacant, after which the Speaker is required to notify the Independent National Electoral Commission (INEC) to conduct a bye-election.
“The announcement of the defection of the third defendant is not enough,” the judge stated, adding that the court could not usurp the powers of the legislature.
While rejecting preliminary objections against the competence of the suit, Justice Umar concluded that the substantive case lacked merit. “On the whole, this application has no value, and it is hereby dismissed,” he ruled.
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