The Federal High Court in Abuja has dismissed a suit filed by the Peoples Democratic Party (PDP) seeking to remove Rep. Hussaini Jallo as the member representing Igabi Federal Constituency of Kaduna State over alleged defection to the All Progressives Congress (APC).
Delivering judgment on Tuesday, Justice James Omotosho held that the PDP failed to provide credible evidence proving that Jallo had defected to the APC.
The party had asked the court to declare Jallo’s seat vacant, arguing that he was elected on its platform before allegedly switching parties. It also sought an order compelling the Independent National Electoral Commission (INEC) to conduct a fresh election to fill the seat.
However, Jallo denied defecting, maintaining that he remained a bona fide PDP member and had not submitted any resignation letter. The Speaker of the House of Representatives also denied announcing Jallo’s defection on the floor of the House.
INEC, in its counter-affidavit, said the PDP had been embroiled in a crisis involving two competing leaderships.
Justice Omotosho agreed that the PDP had the legal standing to institute the suit and that the Constitution provides for the loss of a legislator’s seat upon defection, except in cases involving division within the party.
However, the judge ruled that the evidence presented by the PDP was insufficient. He said newspaper reports could not establish the truth of the alleged defection, describing their contents as hearsay.
The court also rejected copies of House proceedings submitted by the PDP, noting that certified true copies were required and that there was no evidence that the party had applied for them.
The judge further observed that the PDP failed to produce evidence of Jallo’s APC membership, such as a membership register or card, or a resignation letter showing that he had left the party.
He held that the allegation of defection had not been established by credible evidence and dismissed the suit for lacking merit.
