The Federal High Court in Abuja on Tuesday declined to declare the seat of Hussaini Jallo, representing Igabi Federal Constituency of Kaduna State in the House of Representatives, vacant over his alleged defection to the ruling All Progressives Congress (APC).
In a judgment delivered by Justice James Omotosho, the court held that the Peoples Democratic Party (PDP) failed to present credible evidence establishing that Jallo had defected to the APC.
The court acknowledged the PDP’s legal right to institute the suit as a necessary party, noting that a political party that sponsored an elected candidate could approach the court to compel the Speaker of the House of Representatives to declare the member’s seat vacant over defection.
Justice Omotosho explained that under the 1999 Constitution, as amended, an elected legislator who defects from the party that sponsored the election to another party risks losing their seat, except where the defection results from a division within the original party.
However, after examining the exhibits presented by the PDP, the judge found that the party had failed to establish Jallo’s membership of the APC.
He described a newspaper publication relied upon by the PDP as documentary hearsay, which lacked probative value.
The court also rejected uncertified copies of documents relating to votes and proceedings in the House of Representatives dated March 18, 2025, which the PDP claimed contained an announcement of Jallo’s defection.
According to the judge, the Evidence Act, 2011, requires the production of certified true copies of such documents for them to be admissible in the case.
Justice Omotosho further noted that the Independent National Electoral Commission (INEC), in its court filings, stated that it had not received any membership register showing that Jallo had joined the APC.
The judge added that the first and second defendants had denied that the alleged defection occurred or that the events purportedly recorded in the House proceedings of March 18, 2025, took place.
“It is then left for the plaintiff to clearly establish that the 1st defendant had defected,” he added.
The court observed that the PDP failed to produce either the APC’s membership register or Jallo’s membership card to substantiate its claim that he had joined the ruling party.
Justice Omotosho also noted that Jallo maintained that he had never resigned from the PDP, while the party failed to produce a resignation letter to contradict his position.
“The plaintiff has placed no credible evidence on record to establish the 1st defendant’s actual defection,” the judge held.
He further reiterated the legal principle that a party seeking declaratory relief must establish its case through credible evidence rather than rely on weaknesses in the opposing party’s defence.
“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.
