The Federal High Court in Abuja has thrown out the Peoples Democratic Party’s case seeking to remove Anthony Attah from the Benue House of Assembly after he switched to the All Progressives Congress.
Delivering judgment on Tuesday in suit FHC/ABJ/CS/2408/2025, Justice Muhammed Umar said the court does not have the power to declare a lawmaker’s seat vacant. He ruled that under Section 109 of the 1999 Constitution, that duty belongs to the Benue House of Assembly and its speaker.
“The announcement of the defection of the 3rd defendant from the plaintiff to the 2nd defendant is not enough,” Umar stated. He explained that the assembly must first declare the seat vacant, after which the speaker notifies INEC to conduct a bye-election. “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.”
The PDP had dragged INEC, the APC and Attah to court. The party asked the court to rule that votes cast for a party cannot follow a lawmaker who defects, and that Attah’s actions in the assembly since joining the APC were unlawful. It also demanded that he refund all salaries, allowances and benefits collected since the defection.
While Attah did not deny leaving the PDP for the APC, the judge said that alone was not sufficient ground for the court to intervene. Umar dismissed a preliminary objection against the suit, saying it disclosed a reasonable cause of action, but found no merit in the main claims.
“On the whole, this application has no value and it is hereby dismissed,” he concluded.
Attah represents the Okpokwu constituency in the Benue House of Assembly.
