Court dismisses PDP bid to unseat Benue lawmaker over defection

The Federal High Court in Abuja has dismissed a suit by the Peoples Democratic Party seeking to remove Anthony Attah, the member representing Okpokwu Constituency in the Benue State House of Assembly, after his defection to the All Progressives Congress.

Delivering judgment in suit FHC/ABJ/CS/2408/2025, Justice Muhammed Umar held that while Attah did not dispute leaving the party on whose platform he was elected, the court could not assume powers the constitution gives to the state assembly and its speaker. Under section 109 of the 1999 Constitution, the judge said, the assembly must first declare a seat vacant before the speaker notifies the electoral commission to hold a by-election.

The PDP had asked the court to declare Attah's continued occupation of the seat unlawful, to void the legislative business he took part in after defecting, and to order him to refund salaries and allowances received since joining the APC. The ruling leaves the question of the seat with the assembly, and follows a pattern of defections from opposition parties to the governing party across Benue and other states.