Court Dismisses PDP Suit Against Benue Lawmaker's Defection

On Tuesday, the 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 representing Okpokwu Constituency, following his defection to the All Progressives Congress (APC). In the judgment of suit FHC/ABJ/CS/2408/2025, Justice Muhammed Umar noted that while Attah did not contest his defection, the court lacked the authority to declare his seat vacant, a power reserved for the Speaker and the Benue State House of Assembly.

The PDP sought to determine if votes cast for Attah could be transferred to another party and argued that his continued occupation of the seat was unlawful. Justice Umar clarified that the constitutional procedure under Section 109 of the 1999 Constitution must be followed, requiring the House of Assembly to declare the seat vacant before any action could be taken.

The judge dismissed the PDP's application, stating it had no merit.