Reported by: Ijeoma G | Edited by: Oravbiere Osayomore Promise.
The Federal High Court sitting in Abuja has dismissed a suit filed by the Peoples Democratic Party seeking to declare vacant the seat of Anthony Attah, the member representing Okpokwu Constituency in the Benue State House of Assembly, following his defection to the All Progressives Congress. Justice Muhammed Garba Umar, in his judgment delivered on Tuesday, August 4, 2026, held that while the lawmaker did not deny leaving the PDP for the APC, the court could not usurp the constitutional powers vested in the Speaker and the Benue State House of Assembly to declare his seat vacant. The ruling effectively shut the door on the PDP's attempt to use judicial intervention to reclaim the legislator's mandate.
Attah, who was elected to the Benue State House of Assembly on the platform of the PDP, defected to the APC at some point after the 2023 general elections. His defection, part of a wave of political realignments that has seen several lawmakers and political figures cross the aisle in Benue State, prompted the PDP to approach the court seeking a declaration that Attah had vacated his seat by virtue of his defection. The party further sought orders nullifying all legislative actions taken by Attah since his defection and directing him to refund all salaries, allowances, and privileges received after leaving the PDP. The PDP also asked the court to determine whether votes cast for the party during the election could be transferred to another political party after a legislator defects.
Delivering judgment in suit number FHC/ABJ/CS/2408/2025, which was filed against the Independent National Electoral Commission, the APC, and Attah, Justice Umar acknowledged that the lawmaker had indeed defected from the PDP to the APC. However, the judge emphasised that defection alone was insufficient grounds for the court to remove a legislator from office. Citing Section 109 of the 1999 Constitution of the Federal Republic of Nigeria, as amended, the court explained that the procedure for declaring a legislative seat vacant is constitutionally vested in the House of Assembly itself. The judge noted that the Speaker of the Benue State House of Assembly must first declare the seat vacant before INEC can be notified and a bye-election conducted to fill the position. "The announcement of the defection of the 3rd defendant from the plaintiff to the 2nd defendant is not enough," Justice Umar clarified. "Unless and until this is done, the 1st defendant cannot act. Therefore, this court cannot usurp the powers of the Speaker or the honourable members of the House of Assembly."
Justice Umar observed that the PDP's case "borders on the defection of the third defendant who won the election… under the plaintiff" and that "the third defendant did not deny his defection to the second defendant." However, the judge held that the constitutional procedure for declaring the seat vacant had not been completed, and the court could not assume powers reserved for the legislature. He dismissed the PDP's preliminary objection challenging the competence of the suit, ruling that the originating summons disclosed a reasonable cause of action, but ultimately concluded that the substantive suit had no merit. "On the whole, this application has no value, and it is hereby dismissed," Justice Umar declared.
The ruling represents a significant setback for the PDP in Benue State, where the party has struggled to maintain its foothold amid a steady stream of defections to the APC following the 2023 general elections. The APC, which controls the Benue State Government House under Governor Hyacinth Alia, has been the primary beneficiary of these political shifts, with several lawmakers and prominent figures crossing over to the ruling party. Attah's defection was seen as a blow to the PDP's legislative strength, and the party's decision to pursue the matter in court was viewed as an attempt to stem the tide of defections and reclaim lost ground. However, the court's judgment has now affirmed that the power to discipline defecting legislators lies not with the judiciary but with the legislative arm of government.
The judgment underscores the separation of powers enshrined in the Nigerian Constitution, which assigns to the legislature the authority to determine the validity of its membership. By refusing to intervene, the court has effectively left the matter in the hands of the Benue State House of Assembly, where the political dynamics may ultimately determine whether Attah retains his seat. As of the time of this report, the Benue State House of Assembly had not initiated any proceedings to declare the seat vacant, leaving the lawmaker free to continue his legislative duties under the banner of the APC. The PDP has not yet indicated whether it would appeal the decision or pursue other avenues to challenge Attah's continued occupation of the seat.
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