By Ikechukwu Nnochiri, Abuja
The Federal High Court in Abuja, on Tuesday, declined to declare vacant the seat of the House of Representatives member for Igabi Federal Constituency of Kaduna State, Hussaini Jallo, following his alleged defection to the ruling All Progressives Congress (APC).
The court, in a judgment delivered by Justice James Omotosho, held that the Peoples Democratic Party (PDP) failed to provide any credible evidence to prove Jallo’s defection.
It held that although the PDP has the legal right to institute the action as a necessary party, it was unable to establish that the lawmaker took its votes to the APC.
According to the court, a political party which sponsored a candidate who has allegedly defected is fully clothed with the requisite locus standi to bring a court action to compel the Speaker of the House of Representatives to declare the defecting member’s seat vacant.
Justice Omotosho held that by virtue of the provisions of the 1999 Constitution, as amended, once an elected legislator in the National Assembly defects to another party, he automatically loses his seat.
“The proviso to this section, however, provides for an exception where such defection was on the grounds of division within the party,” he added.
He held that, having observed the exhibits tendered by the PDP, one of which was a newspaper publication alleging the defection, there was no concrete evidence of the lawmaker’s membership of the APC.
The court held that the newspaper publication the PDP relied upon amounted to documentary hearsay that lacks probative value.
It also rejected uncertified copies of documents exhibited by the PDP regarding votes and proceedings in the House dated March 18, 2025, where the party said the defection was announced.
The court held that, in line with the Evidence Act, 2011, only a certified true copy of the exhibit is admissible in the matter.
Besides, Justice Omotosho noted that the Independent National Electoral Commission (INEC) had, in processes it filed in the matter, stated that it did not receive any register of members showing that Jallo had joined the APC.
“Likewise, the 1st and 2nd defendants denied that any such defection took place or that the events which happened in the said proceedings of 18th March, 2025 actually took place.
“It is then left for the plaintiff to clearly establish that the 1st defendant had defected,” he added.
He held that the PDP provided neither a membership register of the APC nor Jallo’s membership card to show that he defected from the party that sponsored his election.
“Furthermore, the 1st defendant maintained that he never resigned his membership of the plaintiff, which the plaintiff has been unable to disprove through the production of a resignation letter of the 1st defendant.
“The plaintiff has placed no credible evidence on record to establish the 1st defendant’s actual defection.
“A well-established principle of law is that a party seeking declaratory reliefs must do so on the strength of its own case and not rely on the weakness of the adverse party.
“The exhibits relied upon by the plaintiff are wholly insufficient to support its claim against the defendants.
“It is on this premise that this court holds that the plaintiff has not proven its entitlement to the reliefs it seeks.
“Consequently, the suit is without merit and will accordingly be dismissed,” the court held.
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