RismadarVoice Reporters, August 4, 2026
The Federal High Court in Abuja has dismissed a suit filed by the Peoples Democratic Party (PDP) seeking to remove a member of the Benue State House of Assembly, Rt. Hon. Anthony Attah, from office following his defection to the All Progressives Congress (APC).
Delivering judgment on Tuesday in suit number FHC/ABJ/CS/2408/2025, Justice Muhammed Umar held that although Attah admitted defecting from the PDP to the APC, the court could not assume the constitutional powers of the Benue State House of Assembly and its Speaker to declare his seat vacant.
The PDP had sued the Independent National Electoral Commission (INEC), the APC and Attah, arguing that votes cast for the party could not be transferred to another political party after a legislator defects.
The party also asked the court to declare Attah’s continued stay in office unlawful, invalidate all legislative actions taken since his defection, and order him to refund all salaries, allowances and other benefits received after leaving the PDP.
In his judgment, Justice Umar noted that the case centred on the lawmaker’s defection, which was not disputed by the third defendant.
However, he ruled that the constitutional process for declaring the seat vacant had not been completed.
The judge explained that under Section 109 of the 1999 Constitution, the Benue State House of Assembly must first declare the seat vacant, after which the Speaker is required to notify INEC to conduct a bye-election.
He held that until that process is completed, INEC cannot act, stressing that the court could not usurp the constitutional powers of the Speaker and members of the House of Assembly.
Justice Umar also dismissed a preliminary objection challenging the competence of the suit, holding that the originating summons disclosed a reasonable cause of action.
He subsequently dismissed the substantive suit, describing it as lacking merit.
