The Federal High Court in Abuja has dismissed the Peoples Democratic Party’s suit seeking to remove Hussaini Jallo from the House of Representatives over his alleged defection to the All Progressives Congress.
Justice James Omotosho ruled on Tuesday, October 20, that the PDP had not produced credible evidence that the lawmaker representing Igabi Federal Constituency in Kaduna State had left the party.
The court recognised the PDP’s right to bring the action, according to Vanguard and Daily Post.
The PDP relied in part on a newspaper publication and documents relating to House proceedings on March 18, 2025, when it alleged that Jallo’s defection had been announced.
The court treated the newspaper report as documentary hearsay and rejected the uncertified copies of the House records. Justice Omotosho said certified true copies were required under the Evidence Act, 2011.
The judge also noted that the Independent National Electoral Commission said in its court filings that it had not received a membership register showing Jallo had joined the APC.
The PDP did not present an APC membership register or Jallo’s membership card to establish its claim. Jallo maintained that he had not resigned from the PDP, and the party did not produce a resignation letter to disprove that position.
Justice Omotosho explained that the Constitution provides for a legislator to lose a seat after leaving the party that sponsored the election, subject to an exception involving division within that party.
He said a party asking the court to declare its legal rights must prove its own case rather than rely on weaknesses in the opposing side’s case. The court dismissed the suit after finding the PDP’s exhibits insufficient to support the reliefs it sought.
Sources: Vanguard, Daily Post
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