Blessing Ibunge in Port Harcourt
A Federal High Court sitting in Port Harcourt has granted applications for subpoenas compelling the Speaker and Clerk of the House of Representatives, as well as the Independent National Electoral Commission (INEC), to produce documents in a suit challenging the eligibility of the All Progressives Congress (APC) governorship candidate, Kingsley Ogundu Chinda.
The presiding judge, Justice Muhammed Turaki, granted the applications following submissions by the plaintiff, Samuel Amatonjie, a Port Harcourt-based legal practitioner, who argued that the documents were necessary for the determination of the suit.
The subpoena against INEC seeks the production of the membership registers of the Peoples Democratic Party (PDP) and APC submitted to the commission by both political parties.
At the proceedings yesterday, counsel to the PDP, Paul Daudu, and counsel to Chinda, Dike Udenna, raised concerns over the late service of the plaintiff’s response to their preliminary objection challenging the court’s jurisdiction. They consequently sought time to respond to the counter-affidavit.
After listening to the parties, Justice Turaki directed counsel to file and exchange the necessary court processes and adjourned the matter until December 10, 2026, for hearing.
Amatonjie instituted the suit seeking the court’s interpretation of Section 68 of the 1999 Constitution, as amended, in relation to Chinda’s defection from the PDP to the APC.
Among the questions submitted for determination is whether, upon a combined interpretation of Sections 177(c) and 68 of the Constitution, Chinda validly defected from the PDP to the APC before being screened and declared the APC governorship candidate on May 9, 2026.
Other respondents in the suit include INEC, the PDP, APC, the Speaker of the House of Representatives and the Clerk of the National Assembly.
Speaking with journalists outside the courtroom, PDP counsel, Daudu, explained the reasons for seeking an adjournment, citing the need for adequate time to respond to the processes served by the plaintiff.
Also speaking, Amatonjie described the suit as a matter of public interest, arguing that it was necessary to seek judicial clarification on constitutional provisions governing political defections.
He said the case was intended to safeguard constitutional compliance and prevent political developments from undermining the provisions of the nation’s supreme law.