• Plaintiff seeks disqualification over alleged invalid defection from PDP
Wale Igbintade
The Federal High Court in Port Harcourt has adjourned till November 4, 2026, hearing on a suit seeking to disqualify the All Progressives Congress (APC) governorship candidate in Rivers State, Kingsley Chinda, over alleged invalid defection from Peoples Democratic Party (PDP).
Justice Muhammed Turaki granted the adjournment after the plaintiff, Samuel Amatonjie, who represented himself, sought time to respond to preliminary objections filed by counsel to some of the respondents.
Chinda, who currently serves as Minority Leader of the House of Representatives under PDP, recently emerged as the APC governorship candidate in Rivers State after other aspirants, including Governor Siminalayi Fubara, Tonye Cole, and Alabo George-Kelly, withdrew from the party’s governorship primary election.
In the suit instituted by way of originating summons, Amatonjie is asking the court to determine whether Chinda validly defected from PDP to APC within the contemplation of the 1999 Constitution (as amended).
The plaintiff wants the court to determine, upon a combined interpretation of Sections 177(c) and 68 of the Constitution, whether Chinda could be regarded as having validly defected to APC as of May 9, 2026, when he was screened, contested the APC governorship primary, and was declared the party’s candidate for the 2027 election.
Amatonjie is also seeking a declaration that the Independent National Electoral Commission (INEC) is constitutionally bound to comply with the provisions of the 1999 Constitution in determining the eligibility of persons seeking to contest the office of governor.
Among other reliefs, he is asking the court to declare that INEC cannot validly recognise, accept or publish Chinda’s name as the APC governorship candidate for the 2027 Rivers State governorship election if the court finds that he did not validly defect from PDP to APC.
He is further seeking an order declaring null and void any legal recognition allegedly accorded Chinda by INEC as the APC governorship candidate.
The suit names Chinda, INEC, PDP, APC, Speaker of the House of Representatives, and Clerk to the National Assembly as respondents.
The suit has consequently placed Chinda’s eligibility to contest the Rivers State governorship election at the heart of a constitutional dispute, with the plaintiff questioning the validity of his defection from PDP to APC and the legal basis for his candidacy.