On Tuesday, the Federal High Court in Abuja threw out a lawsuit initiated by the Peoples Democratic Party (PDP) aimed at unseating Anthony Attah, a Benue State House of Assembly representative for Okpokwu Constituency, following his move to the All Progressives Congress (APC).
Presiding Judge Muhammed Garba Umar ruled that while Attah did not contest the fact that he switched political parties, the judiciary lacks the authority to bypass the constitutional role of the Speaker and the House of Assembly in declaring a legislative seat vacant. The PDP had questioned whether electoral mandates could be carried over to a new party and requested that the court nullify Attah’s legislative activities and order a refund of his earnings post-defection.
Justice Umar clarified that simply switching parties does not automatically trigger the loss of a seat. According to Section 109 of the 1999 Constitution, the state legislature must formally declare the seat vacant, after which the Speaker notifies the Independent National Electoral Commission to organize a by-election. The court determined that it could not exercise powers reserved for the House or its Speaker. Consequently, the judge dismissed the PDP’s application in its entirety, finding it lacked the necessary procedural grounds to succeed.
