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The Federal High Court in Abuja has dismissed a suit filed by the Peoples Democratic Party (PDP) seeking to declare vacant the seat of Hussaini Jallo, representing Igabi Federal Constituency of Kaduna State in the House of Representatives, over his alleged defection to the All Progressives Congress (APC).
Justice James Omotosho, who delivered the judgment on Tuesday, held that the PDP failed to present credible evidence to establish that Jallo had defected to the ruling party.
The court acknowledged the PDP’s legal right to institute the case, but ruled that the party had not proved its claim against the lawmaker.
Justice Omotosho explained that under the 1999 Constitution, as amended, an elected legislator who defects from the political party that sponsored the election risks losing the seat, except where the defection results from a division within the party.
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However, he said the PDP failed to provide sufficient evidence to show that Jallo had joined the APC.
“The newspaper publication relied upon by the plaintiff is documentary hearsay and has no probative value in establishing the alleged defection,” Justice Omotosho held.
The court also rejected uncertified copies of documents relating to proceedings in the House of Representatives on March 18, 2025, when the PDP alleged that Jallo’s defection was announced.
According to the judge, the documents did not meet the requirements of the Evidence Act, 2011, which requires certified true copies for such evidence to be admissible.
Justice Omotosho further observed that the Independent National Electoral Commission (INEC), in its court processes, stated that it had not received a membership register showing that Jallo had joined the APC.
The judge also said the defendants denied that the alleged defection took place.
“The plaintiff failed to produce the APC membership register or the first defendant’s membership card to establish that he had defected to the party,” Justice Omotosho said.
The court added that Jallo maintained that he had not resigned from the PDP, while the party failed to present a resignation letter to prove otherwise.
“The plaintiff has placed no credible evidence on record to establish the first defendant’s actual defection,” the judge held.
He also restated the legal principle that a party seeking declaratory relief must prove its case through credible evidence rather than rely on weaknesses in the opposing party’s case.
“The exhibits relied upon by the plaintiff are wholly insufficient to support its claim against the defendants,” he said.
Consequently, the court ruled that the PDP had failed to establish its entitlement to the reliefs sought and dismissed the suit for lacking merit.
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