Politics
Court dismisses PDP suit against Benue lawmaker over defection to APC.
The Federal High Court in Abuja on Tuesday dismissed a suit by the Peoples Democratic Party seeking to strip a Benue State House of Assembly member representing Okpokwu Constituency, Anthony Attah, of his seat following his defection to the All Progressives Congress.
Justice Muhammed Garba Umar, in a judgment in suit FHC/ABJ/CS/2408/2025, held that although Attah did not deny 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 sued the Independent National Electoral Commission, the APC and Attah, asking the court to determine, among other issues, whether votes cast for the party could be transferred to another political party after a legislator defects.
The party also sought declarations that Attah’s continued occupation of the seat after his defection was unlawful, that all legislative actions taken since his defection were null and void, and that he should refund salaries and other privileges received after leaving the PDP.
In the judgment, Justice Umar observed that the plaintiff’s case “borders on the defection of the third defendant who won the election… under the plaintiff” and noted that “the third defendant did not deny his defection to the second defendant.”
The judge, however, held that the constitutional procedure for declaring the seat vacant had not been completed.
“The announcement of the defection of the 3rd defendant from the plaintiff to the 2nd defendant is not enough,” the judge clarified.
Justice Umar also explained that under Section 109 of the 1999 Constitution, the House of Assembly must first declare the seat vacant, after which the Speaker is required to communicate the vacancy to INEC for the conduct of a bye-election.
He held that “unless and until this is done, the 1st defendant cannot act,” adding, “Therefore, this court cannot usurp the powers of the Speaker or the honourable members of the House of Assembly.”
The judge also rejected the preliminary objection challenging the competence of the suit, holding that the originating summons disclosed a reasonable cause of action.
Justice Umar dismissed the substantive suit, concluding, “On the whole, this application has no value, and it is hereby dismissed.”
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The African Democratic Congress (ADC) has accused President Bola Tinubu of pursuing a win-at-all-costs approach to politics, warning that it poses a serious threat to Nigeria’s democracy and national stability.
In a statement issued on Wednesday and signed by its National Publicity Secretary, Mallam Bolaji Abdullahi, the party alleged that the Federal Government was using state institutions to weaken the opposition ahead of the Osun State governorship election.
The ADC condemned the freezing of statutory allocations to local governments in Osun State, describing the action as political terrorism aimed at undermining the state government.
According to the party, withholding the funds would affect workers’ salaries, primary healthcare services, education, and other essential services relied upon by residents.
The ADC said President Tinubu’s approach to politics treats political contests as warfare, arguing that such a mindset has no place in a democratic society.
“No democracy worthy of the name deliberately sacrifices the welfare of innocent citizens in pursuit of partisan political ends. The salaries of workers, the operation of primary healthcare centres, the education of children, rural infrastructure and other essential public services have all been turned into bargaining chips in President Tinubu’s political contest,” the statement said.
The party further alleged that the freezing of local government funds was part of a wider effort to destabilise Osun State.
It claimed that unelected APC loyalists had continued to occupy local government councils, while opposition figures had allegedly been subjected to arrest and intimidation.
The ADC also alleged that hoodlums linked to the APC had been allowed to intimidate political opponents, accusing security agencies of failing to act.
“Political opponents are not enemy combatants. Opposition-controlled states are not occupied territories. Public institutions do not belong to whichever party temporarily controls the federal government,” the party stated.
The ADC called for the immediate restoration of statutory allocations to Osun State’s local governments and urged the Federal Government to end what it described as the intimidation of the state.
It added that the people of Osun should be allowed to freely choose their leaders without political interference.
“What the people of Osun deserve is the democratic right to freely choose who governs them. But right now, they have been placed under a siege. This has to stop.”
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Human rights lawyer, Maduabuchi Idam, on Wednesday criticized President Bola Tinubu over his comment that “all is fair in politics”.
Idam said the remark which Tinubu made during his meeting with the Catholic Bishops Conference of Nigeria led by Cardinal John Onaiyekan, is an invitation to ballot rascality.
In a statement he signed, the constitutional lawyer warned that Tinubu’s remark could be misinterpreted by overzealous supporters as an “open cheque to anarchy and political violence.
Idam said, “The President’s assertion that “all is fair in politics” is an invitation to ballot rascality. Taken literally, it risks being interpreted by overzealous supporters as an open cheque to anarchy, political violence, intolerance, and hostility toward dissenting voices in the name of electoral competition.
“How is a supporter of the President expected to understand that hate speech, intimidation, and violence remain unacceptable when the message conveyed is that “all is fair in politics”? How does such a supporter learn to accommodate opposing opinions without becoming combative after hearing those words from the nation’s highest office?
“Sadly, Mr. President has remained consistent in advancing political stance that market him as uncivilized Democrat. It is not different from his “snatch it, grab it and run away with it” postulation and will definitely encourage every kind of practice to gain vote by politicians, after all, “all is fair in politics.” According to Mr. President.
“If that is indeed the principle being preached, and others are permitted to rely on the same interpretation without risking arrest or prosecution will the Nigerian society reamain habitable?
Or is the President’s statement intended to enjoy a special interpretation unavailable to everyone else?
“Should the public not give those words their ordinary and literal meaning? If so, how does that differ from the comments made by Omoyele Omoyele Sowore, which became the subject of criminal proceedings? If “all is fair in politics,” should the DSS not reconsider its case against him?
“How else can the President’s statement be reasonably interpreted without inviting negative consequences for political culture?
“Our democracy deserves leadership that promotes civility, restraint, respect for dissent, and fidelity to the rule of law, not rhetoric capable of being construed as an endorsement of political lawlessness.”
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Osun State Governor, Ademola Adeleke, has accused his predecessor and Minister of Marine and Blue Economy, Gboyega Oyetola, of masterminding what he described as a coordinated campaign of intimidation, killings and arrests targeted at members of the Accord Party ahead of the August 15, 2026 governorship election.
Adeleke made the allegation in a statement posted on X while reacting to recent developments surrounding his administration, including the freezing of the state government’s bank accounts by the Economic and Financial Crimes Commission, EFCC.
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