Court Dismisses PDP's Suit Against Benue Lawmaker Attah

On Tuesday, a Federal High Court in Abuja dismissed a suit filed by the Peoples Democratic Party (PDP) against Anthony Attah, a member of the Benue State House of Assembly, following his defection to the All Progressives Congress (APC). The PDP sought to have Attah's seat declared vacant, arguing that his continued occupation was unlawful and that all legislative actions taken since his defection were null and void.

The suit, marked FHC/ABJ/CS/2408/2025, included the Independent National Electoral Commission (INEC) and the APC as respondents. Justice Muhammed Umar ruled that the court could not usurp the constitutional powers of the Speaker and the Benue State House of Assembly to declare the seat vacant.

He noted that the proper constitutional procedure under Section 109 of the 1999 Constitution had not been completed, as the House must first declare the seat vacant before any action can be taken. The court ultimately dismissed the suit, stating it had no merit.