Federal High Court Rejects PDP Bid to Sack Defected Benue Lawmaker Anthony Attah

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

Delivering judgment on Tuesday, Justice Muhammed Garba Umar ruled that while Attah did not deny leaving the PDP for the APC, the court lacked the constitutional authority to declare his legislative seat vacant.

The PDP had dragged the Independent National Electoral Commission (INEC), the APC and Attah before the court, arguing that the lawmaker forfeited his mandate after defecting from the party under which he was elected. The party also sought declarations that his continued stay in office was unlawful and that all legislative actions taken after his defection should be declared invalid.

The opposition party further asked the court to order Attah to refund all salaries, allowances and other benefits received since joining the APC, insisting that the votes cast during the election belonged to the PDP and could not be transferred to another political party.

In his judgment, Justice Umar acknowledged that the case centred on Attah’s defection and noted that the lawmaker had not disputed leaving the PDP. However, he stressed that the constitutional process for declaring a legislative seat vacant had not been followed.

According to the judge, Section 109 of the 1999 Constitution empowers the Benue State House of Assembly to first declare the seat vacant before the Speaker officially notifies INEC to conduct a bye-election.

“The announcement of the defection of the third defendant from the plaintiff to the second defendant is not enough,” Justice Umar held, adding that the court could not assume the constitutional responsibilities assigned to the Speaker and the House of Assembly.

The court also dismissed a preliminary objection challenging the competence of the suit, ruling that the case disclosed a valid cause of action. However, after considering the substantive issues, Justice Umar concluded that the PDP’s application lacked merit and dismissed it in its entirety.

The judgment means Anthony Attah will remain a member of the Benue State House of Assembly unless the constitutional procedure for declaring his seat vacant is initiated by the Assembly.