Court Dismisses PDP Suit Against Benue Lawmaker, Hon. Anthony Attah Agom

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

Delivering judgment on Tuesday in suit FHC/ABJ/CS/2408/2025, Justice Muhammed Umar ruled that although Hon. Agom admitted defecting from the PDP to the APC, the court could not assume the constitutional powers vested in the Speaker and the Benue State House of Assembly to declare his seat vacant.

The PDP had instituted the suit against the Independent National Electoral Commission (INEC), the APC, and Hon. Agom, asking the court to determine whether votes cast for a political party could be transferred to another party after a legislator defects.

The party also sought declarations that Hon. Agom’s continued occupation of the seat after leaving the PDP was unlawful, that all legislative actions he participated in after his defection should be declared null and void, and that he should refund all salaries, allowances, and privileges received since joining the APC.

In his judgment, Justice Umar noted that the central issue before the court was Hon. Agom’s defection, which the lawmaker did not deny. However, he held that the constitutional process required to declare a legislative seat vacant had not been followed.

According to the judge, the mere announcement of a legislator’s defection is insufficient to trigger the loss of a seat. He explained that under Section 109 of the 1999 Constitution (as amended), the Benue State House of Assembly must first declare the seat vacant, after which the Speaker is required to notify INEC to conduct a bye-election.

Justice Umar stated that until those constitutional steps are taken, INEC has no authority to act, stressing that the court could not usurp the powers assigned to the Speaker or members of the House of Assembly.

While the court rejected the preliminary objection challenging the competence of the suit, holding that the originating summons disclosed a reasonable cause of action, it ultimately dismissed the substantive case.

Justice Umar concluded that the PDP’s application lacked merit and accordingly dismissed the suit.