Court dismisses PDP suit against Benue lawmaker

The Federal High Court in Abuja dismissed a suit by the Peoples Democratic Party (PDP) on Tuesday, seeking to strip a Benue State House of Assembly member, Anthony Attah, of his seat following his defection to the All Progressives Congress (APC). Justice Muhammed Umar ruled that while Attah admitted to defecting, the court lacked the authority to overstep the constitutional powers of the Speaker and the Benue State House of Assembly in declaring his seat vacant.

The PDP had challenged the Independent National Electoral Commission, the APC, and Attah, requesting the court to determine the transferability of votes once a legislator defects, as well as the unlawfulness of Attah's continued seat occupation and the nullification of legislative actions taken since his defection. The judge noted that the PDP's case focused on the defection of the defendant who won the election under the PDP, yet Attah had not denied his defection.

However, Justice Umar emphasized that the constitutional procedure for declaring the seat vacant had not been fulfilled, citing Section 109 of the 1999 Constitution. He clarified that the House of Assembly must first declare the seat vacant, followed by the Speaker communicating the vacancy to INEC for a bye-election. The judge dismissed the substantive suit, concluding that the application had no value and dismissing it accordingly.