A Federal High Court sitting in Port Harcourt has ordered the Independent National Electoral Commission (INEC), the Speaker of the House of Representatives and the Clerk of the National Assembly to produce documents relating to the alleged defection of the All Progressives Congress (APC) governorship candidate in Rivers State, Kingsley Chinda, from the Peoples Democratic Party (PDP).

 

The order comes amid a legal challenge to Chinda’s eligibility to contest the 2027 governorship election on the platform of the APC, with the plaintiff questioning whether his alleged defection from the PDP was completed in accordance with the provisions of the 1999 Constitution.

 

The court, presided over by Justice Mohammed Turaki, granted subpoena applications filed by a Port Harcourt-based lawyer, Samuel Amatonjie, who instituted the suit seeking an interpretation of constitutional provisions governing political defections.

 

Court Demands National Assembly, INEC Documents

Under the order, the Speaker of the House of Representatives and the Clerk of the National Assembly are required to produce the National Assembly’s Hansard covering the period between April 1 and June 2, 2026.

 

INEC was also directed to produce a letter dated April 28, 2026, reportedly submitted by the APC to notify the commission of its governorship primary, as well as the party’s membership register submitted to the electoral body.

 

Amatonjie told the court that the documents were necessary to establish the circumstances surrounding Chinda’s alleged departure from the PDP and his subsequent emergence as the APC governorship candidate.

 

The lawyer is asking the court to determine whether, under a combined interpretation of Sections 177(c) and 68 of the 1999 Constitution, as amended, Chinda validly defected to the APC before he was screened and declared the party’s governorship candidate on May 9, 2026.

 

He is also seeking a determination of whether Chinda was still a member of the PDP at the time of his emergence as the APC flag bearer, arguing that the circumstances surrounding his alleged defection raise questions about his constitutional eligibility.

 

Lawyer Insists Chinda Should Not Be On APC Ballot

Speaking with journalists after the proceedings, Amatonjie described the case as public interest litigation intended to protect the Constitution and ensure that political parties and their candidates comply with its provisions.

 

He maintained that Chinda should not be presented as the APC governorship candidate in the 2027 election, insisting that the alleged defection did not satisfy the constitutional requirements.

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“Kingsley Chinda ought not to be on the ballot. In other words, he ought not to be the flag bearer of the All Progressives Congress, considering the fact that we believe at all times material to this case, he was a member of the PDP, and we still believe that till date he is still a member of the Peoples Democratic Party and not a member of the APC,” he said.

 

Amatonjie added that the documents requested through the subpoenas would help the court establish the timeline and circumstances of the alleged defection and determine whether Chinda’s emergence as the APC candidate complied with the law.

 

He argued that the case was not driven by personal or political disagreements but by the need to uphold constitutional provisions governing political office holders and party membership.

 

According to him, Nigerians, particularly legal practitioners, have a responsibility to approach the courts whenever they believe constitutional provisions are being disregarded.

 

PDP, Chinda Seek More Time To Respond

Meanwhile, counsel to the PDP, Paul Daudu, and counsel to Chinda, Dike Udenna, requested additional time to respond to the plaintiff’s reply to their preliminary objection challenging the court’s jurisdiction.

 

The defence lawyers told the court that the plaintiff’s response to their objection was served on them only a day before the hearing, leaving them with insufficient time to prepare their replies.

 

Daudu explained after the proceedings that the defendants were entitled to seven days to respond to the court processes and therefore needed adequate time to study the plaintiff’s counter-affidavit.

 

Following the request, Justice Turaki directed the parties to file and exchange the necessary court documents.

 

Other respondents in the suit include INEC, the APC, the PDP, the Speaker of the House of Representatives and the Clerk of the National Assembly.

 

The court subsequently adjourned the matter to December 10, 2026, for the hearing of the substantive suit.

 

The outcome of the case could determine whether the legal challenge to Chinda’s alleged defection has any impact on his eligibility to contest the Rivers State governorship election on the APC platform in 2027.