The Federal High Court in Abuja has declined to declare vacant the seat of the House of Representatives member representing Igabi Federal Constituency of Kaduna State, Hussaini Jallo, holding that the Peoples Democratic Party failed to provide credible evidence that he defected to the All Progressives Congress.
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Justice James Omotosho, in a judgment delivered on Tuesday, dismissed the PDP’s suit after finding that the party had not established that Jallo left the platform on which he was elected and joined the ruling APC.
The court, however, affirmed that the PDP had the legal standing to institute the action, noting that a political party which sponsored a legislator is entitled to approach the court where it alleges that the lawmaker has defected and should consequently lose his seat.
Justice Omotosho held that under the 1999 Constitution, as amended, a member of the National Assembly who defects from the political party on whose platform he was elected may lose his seat, subject to the constitutional exception relating to a division within the party.
The central issue in the case, however, was whether the PDP had produced sufficient evidence to prove that Jallo actually defected.
The party relied, among other things, on a newspaper publication alleging the defection, but the court held that the publication amounted to documentary hearsay and lacked sufficient probative value to establish Jallo’s membership of the APC.
The court also rejected uncertified copies of documents relating to the votes and proceedings of the House of Representatives dated March 18, 2025, which the PDP relied upon in contending that Jallo’s defection had been announced on the floor of the House.
Justice Omotosho held that, by virtue of the Evidence Act, 2011, only a certified true copy of such a public document was admissible.
The court further noted that the Independent National Electoral Commission, in its processes before the court, stated that it had not received any membership register showing that Jallo had joined the APC.
The defendants also denied that the alleged defection or the events said to have occurred during the March 18, 2025 proceedings took place.
According to the court, the burden therefore remained on the PDP to prove that Jallo had actually left the party.
Justice Omotosho observed that the PDP failed to produce an APC membership register, membership card or any other credible document showing that Jallo had become a member of the ruling party.
The court also noted Jallo’s position that he had never resigned from the PDP, adding that the party did not produce any resignation letter or other evidence to disprove that assertion.
“The plaintiff has placed no credible evidence on record to establish the 1st defendant’s actual defection,” the court held.
Justice Omotosho stressed that a party seeking declaratory reliefs must succeed on the strength of its own case and cannot rely on weaknesses in the defence presented by the opposing party.
He held that the exhibits tendered by the PDP were insufficient to establish the alleged defection or justify an order declaring Jallo’s seat vacant.
“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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