RismadarVoice Reporters
October 20, 2026
The Federal High Court in Abuja has dismissed a suit filed by the Peoples Democratic Party (PDP) seeking to declare vacant the House of Representatives seat occupied by Hussaini Mohammed Jallo, who represents Igabi Federal Constituency of Kaduna State.
Delivering judgment on Tuesday, Justice James Omotosho ruled that the opposition party failed to present sufficient admissible evidence to establish its allegation that the lawmaker defected to the ruling All Progressives Congress (APC).
The court acknowledged that a political party that sponsored a legislator’s election has the legal standing to challenge an alleged defection where constitutional provisions governing legislative membership are implicated.
However, the judge maintained that the PDP had not discharged the burden of proof required to obtain the declarations it sought.
Justice Omotosho explained that the Constitution provides for the loss of a legislative seat following certain defections, subject to recognised constitutional exceptions.
He held that the party’s reliance on newspaper publications and uncertified legislative documents was insufficient to establish its case.
The judge described the newspaper report tendered by the PDP as documentary hearsay, stressing that allegations of defection must be supported by credible and legally admissible evidence.
He also rejected uncertified records of proceedings in the House of Representatives dated March 18, 2025, explaining that the relevant public documents required proper certification under the Evidence Act.
The court further noted that the Independent National Electoral Commission (INEC) had not received an APC membership register establishing Jallo’s membership of the ruling party.
According to the judgment, the PDP also failed to produce an APC membership card or a resignation letter demonstrating that the lawmaker had formally withdrawn from the party.
Justice Omotosho reiterated that a party seeking declaratory relief must establish its entitlement through the strength of its evidence rather than rely on weaknesses in the opposing party’s defence.
Consequently, the court dismissed the suit for lacking merit, leaving Jallo’s legislative seat unaffected by the proceedings.
However, publicly available records of the House of Representatives dated March 18, 2025, contain an announcement by Speaker Tajudeen Abbas concerning Jallo’s defection from the PDP to the APC.
The published record provides additional context to the controversy, although the court’s decision turned on the evidence properly presented and admitted during the proceedings.
The ruling highlights the importance of documentary evidence and compliance with established legal procedures in disputes involving defections by elected legislators.
It also underscores the distinction between publicly reported political developments and the standard of proof required to obtain a binding judicial declaration.
Jallo will retain his seat following the dismissal unless the judgment is subsequently overturned or another legally effective process changes his status.
