A Federal High Court in Abuja has dismissed a suit filed by the Peoples Democratic Party (PDP) seeking to declare the seat of a Benue State House of Assembly member vacant following his defection to the All Progressives Congress (APC).
In a judgment delivered on Tuesday, Justice Muhammed Umar ruled that the court lacked the constitutional authority to declare the seat vacant, stressing that such powers are exclusively vested in the Speaker and the Benue State House of Assembly.
The suit was filed against the lawmaker representing Okpokwu State Constituency, Anthony Attah, after he left the PDP for the APC. The Independent National Electoral Commission (INEC), the APC, and Attah were listed as the first, second, and third respondents respectively in the case marked FHC/ABJ/CS/2408/2025.
The PDP had urged the court to declare Attah’s continued occupation of the seat unlawful, arguing that votes cast for the PDP could not be transferred to another political party following his defection. The party also sought an order nullifying all legislative actions taken by the lawmaker after leaving the PDP and requested that he refund all salaries, allowances, and privileges received since his defection.
Delivering judgment, Justice Umar acknowledged that Attah did not deny defecting from the PDP to the APC. However, the court held that the constitutional process required to declare the seat vacant had not been followed.
According to the judge, Section 109 of the 1999 Constitution provides that the State House of Assembly must first declare the seat vacant before the Speaker officially notifies INEC to conduct a bye-election.
“The announcement of the defection of the third defendant from the plaintiff to the second defendant is not enough,” Justice Umar held, adding that the court could not assume powers constitutionally assigned to the legislature.
The judge further ruled that INEC could not take any action until the House of Assembly and the Speaker had completed the constitutional process.
Although the court dismissed a preliminary objection challenging the competence of the suit, it ultimately struck out the PDP’s substantive claims, holding that they lacked merit.
The judgment reinforces the constitutional role of state legislatures in handling cases involving the defection of elected lawmakers and the declaration of vacant legislative seats.
