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🇳🇬 Nigeria /Crime & Justice

Court dismisses PDP suit seeking to unseat defecting lawmaker

From The Punch · () English

Translated from English, summarized and contextualized by DistantNews.

At a glance

News Named sources Outcome reported
  • A Nigerian court dismissed a lawsuit by the Peoples Democratic Party (PDP) seeking to remove a lawmaker from his seat after he defected to the All Progressives Congress (APC).
  • The court ruled that it could not usurp the constitutional powers of the Speaker and the Benue State House of Assembly to declare a seat vacant.
  • The PDP had argued that the lawmaker's defection made his continued occupation of the seat unlawful and sought the refund of salaries received post-defection.

A Federal High Court in Abuja has dismissed a lawsuit filed by the Peoples Democratic Party (PDP) aiming to strip a Benue State House of Assembly member of his seat following his defection to the All Progressives Congress (APC).

The announcement of the defection of the 3rd defendant from the plaintiff to the 2nd defendant is not enough.

— Justice Muhammed UmarClarifying that a mere announcement of defection is insufficient to vacate a seat.

Justice Muhammed Umar, presiding over the case, ruled that while the lawmaker, Anthony Attah, did not deny his defection from the PDP to the APC, the court lacked the constitutional authority to declare his seat vacant. The PDP had sued the Independent National Electoral Commission, the APC, and Attah, questioning whether votes cast for a party could be transferred to another upon a legislator's defection. They also sought declarations that Attah's continued occupancy of the seat was unlawful and that he should refund all salaries and privileges received after leaving the PDP.

In his judgment, Justice Umar noted that the core of the plaintiff's case concerned Attah's defection, which the third defendant did not dispute. However, the judge clarified that the constitutional procedure for declaring a seat vacant had not been completed. He explained that under Section 109 of the 1999 Constitution, the House of Assembly must first declare the seat vacant. Subsequently, the Speaker must inform the Independent National Electoral Commission (INEC) to organize a by-election.

Unless and until this is done, the 1st defendant cannot act.

— Justice Muhammed UmarExplaining the procedural requirement before INEC can act on a vacancy.

"The announcement of the defection of the 3rd defendant from the plaintiff to the 2nd defendant is not enough," the judge stated. He emphasized that "unless and until this is done, the 1st defendant cannot act," adding that "this court cannot usurp the powers of the Speaker or the honourable members of the House of Assembly."

Therefore, this court cannot usurp the powers of the Speaker or the honourable members of the House of Assembly.

— Justice Muhammed UmarStating the court's inability to override the legislative body's constitutional powers.

While the judge rejected a preliminary objection challenging the suit's competence, finding that it disclosed a reasonable cause of action, he ultimately dismissed the substantive suit. "On the whole, this application has no value, and it is hereby dismissed," Justice Umar concluded.

On the whole, this application has no value, and it is hereby dismissed.

— Justice Muhammed UmarConcluding the judgment by dismissing the PDP's suit.
DistantNews Editorial

Originally published by The Punch in English. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.

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