Defection: Only Assembly can declare lawmaker’s seat vacant – Benue Court

By Musa Baba Adamu with agency report

A Federal High Court in Abuja has ruled that only the Benue State House of Assembly, through its constitutional processes, has the authority to declare the seat of a lawmaker vacant following defection from one political party to another.
Justice Muhammed Garba Umar made the declaration on Tuesday while delivering judgment in a suit filed by the Peoples Democratic Party (PDP) against Anthony Attah, the member representing Okpokwu Constituency in the Benue State House of Assembly, who defected to the All Progressives Congress (APC).
Although the court noted that Attah did not deny leaving the PDP for the APC, Justice Umar held that the judiciary could not assume powers specifically assigned by the Constitution to the House of Assembly and its Speaker.
According to the judge, a lawmaker’s public announcement of defection alone is insufficient to trigger the loss of a legislative seat.
He explained that under Section 109 of the 1999 Constitution, the House of Assembly must first declare the seat vacant before the Speaker can notify the Independent National Electoral Commission (INEC), which would then be empowered to conduct a bye-election.
The PDP had asked the court to declare Attah’s continued stay in office unlawful, nullify all legislative actions he had taken since defecting, and compel him to refund salaries and other benefits received after leaving the party.
The party also argued that votes cast for it could not be transferred to another political party through defection.
However, while dismissing the substantive suit, Justice Umar ruled that the court could not bypass the constitutional responsibilities of the Benue State House of Assembly and its Speaker, stressing that INEC could only act after those procedures had been completed.
The court also dismissed a preliminary objection challenging the competence of the suit, holding that the PDP had disclosed a reasonable cause of action, but ultimately found no basis to grant the reliefs sought.