Court dismisses PDP suit against Benue lawmaker

A federal high court in Abuja has dismissed a lawsuit filed by the People's Democratic Party (PDP) against a Benue State House of Assembly member, Anthony Attah, over his alleged defection from the PDP to the All Progressives Congress (APC). The suit, which sought to have Attah stripped of his parliamentary seat, was ruled inadmissible by Justice Muhammed Umar, who presided over the case in suit FHC/ABJ/CS/2408/2025. The ruling came after the PDP argued that Attah's switch to the APC rendered him ineligible to hold office under the party's rules. The PDP had also sought legal redress against the Independent National Electoral Commission (INEC), the APC, and Attah himself, demanding that the court rule on whether votes cast for the PDP could be transferred to another political party once a legislator defected. Among the claims made by the PDP was that Attah's continued occupancy of his seat after his defection was unlawful, and that all legislative actions taken since then were invalid. The party further requested that Attah refund salaries and other benefits received after his departure from the PDP. In delivering the judgment, Justice Umar acknowledged that while Attah did not contest his defection from the PDP to the APC, the court could not assume the constitutional authority vested in the Speaker of the Benue State House of Assembly and its members to declare his seat vacant. The judge emphasized that the constitutional process for vacating a legislative seat involves specific steps. According to Section 109 of the 1999 Constitution, the House of Assembly must formally declare the seat vacant before the Speaker communicates the vacancy to INEC for the conduct of a bye-election. “Unless and until this is done, the 1st defendant cannot act,” Justice Umar stated, referring to the PDP. He added, “Therefore, this court cannot usurp the powers of the Speaker or the honourable members of the House of Assembly.” Despite the PDP's argument that the court had jurisdiction over the matter, Justice Umar rejected the preliminary objection raised by the defendants, stating that the originating summons presented a reasonable cause of action. The judge concluded that the suit lacked merit and was therefore dismissed. “On the whole, this application has no value, and it is hereby dismissed,” he declared. The ruling leaves open the possibility that the PDP might pursue alternative avenues to challenge Attah's eligibility to serve in the House of Assembly. However, the court's decision underscores the need for adherence to formal procedures outlined in the constitution for handling such cases. Attah, who represents Okpokwu Constituency in Benue State, has not publicly commented on the court's decision. Meanwhile, the APC has remained silent on the outcome of the legal proceedings involving one of its legislators. The case highlights ongoing tensions within Nigeria's political landscape regarding the management of legislative seats and the implications of political defections. As the situation unfolds, further developments are anticipated from both the PDP and the APC, particularly concerning how they will address the legal and political ramifications of this ruling.