The Federal High Court in Abuja has dismissed a suit by the Peoples Democratic Party (PDP) seeking to declare vacant the seat of Hussaini Jallo, representing Igabi Federal Constituency of Kaduna State, over his alleged defection to the All Progressives Congress (APC).
Justice James Omotosho, in a judgment delivered on Tuesday, ruled that the PDP failed to provide credible evidence to establish that Jallo had defected from the party that sponsored his election.
The court held that although the PDP had the legal standing to institute the suit, it failed to prove that the lawmaker had joined the APC or taken the party’s electoral mandate to the ruling party.
Justice Omotosho explained that under the 1999 Constitution, as amended, a legislator who defects from the political party that sponsored their election risks losing their seat, except where the defection results from a division within the party.
However, the judge said the evidence presented by the PDP was insufficient to establish that Jallo had defected.
The court rejected a newspaper publication relied upon by the party, describing it as documentary hearsay without probative value.
It also ruled that uncertified copies of documents relating to proceedings in the House of Representatives on March 18, 2025, were inadmissible, stressing that the Evidence Act, 2011, requires the production of certified true copies in such circumstances.
Justice Omotosho further noted that the Independent National Electoral Commission (INEC), in its court processes, stated that it had not received any membership register indicating that Jallo had joined the APC.
The first and second defendants also denied that the alleged defection occurred or that the events said to have taken place during the House proceedings on March 18, 2025, happened as claimed by the PDP.
The judge added that the PDP failed to produce the APC membership register or Jallo’s membership card as evidence of his alleged defection.
He further observed that Jallo maintained that he had not resigned from the PDP, while the plaintiff failed to produce any resignation letter to contradict his position.
According to the court, a party seeking declaratory relief must establish its case through credible evidence rather than rely on the weaknesses of the opposing party.
“The exhibits relied upon by the plaintiff are wholly insufficient to support its claim against the defendants,” the judge held.
Justice Omotosho consequently ruled that the PDP had failed to prove its entitlement to the reliefs sought in the suit.