The Federal High Court in Abuja on Tuesday 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 in suit number FHC/ABJ/CS/2408/2025, Justice Muhammed Umar held that while Attah did not deny leaving the PDP for the APC, the court lacked constitutional authority to declare his seat vacant. That power, the judge explained, rests solely with the Speaker and members of the Benue State House of Assembly.
The PDP had asked the court to determine whether votes cast for its candidates could be transferred to another party after defection. It also sought declarations that Attah’s continued stay in office was unlawful, that his legislative actions since defecting were invalid, and that he should refund salaries and privileges received after leaving the PDP.
Justice Umar, however,
