A legal advocacy group, the Association of Legislative Drafting and Advocacy Practitioners (Association of Legislative Drafting and Advocacy Practitioners), has approached the Federal High Court in Abuja seeking an order restraining the Independent National Electoral Commission (Independent National Electoral Commission) from recognising the participation of House of Representatives member Kingsley Chinda in the Rivers State governorship primary of the All Progressives Congress (All Progressives Congress).
Chinda, a known ally of the Minister of the Federal Capital Territory, Nyesom Wike, emerged as the sole aspirant in the APC governorship primary held on May 21, where he was declared winner. His emergence followed the withdrawal of Rivers State Governor Siminalayi Fubara from the race shortly before the exercise.
The lawmaker was elected into the House of Representatives under the platform of the Peoples Democratic Party (Peoples Democratic Party), representing Obio/Akpor Federal Constituency, and also serves as the minority leader of the House. His alleged move toward the APC has sparked controversy over whether he formally defected before obtaining the party’s nomination form.
In a suit filed on May 12, ALDRAP is asking the court to determine whether Chinda’s participation in the APC primary amounts to political defection under Section 68(1)(g) of the 1999 Constitution, which requires legislators to vacate their seat if they switch parties outside legally recognised exceptions.
The suit lists multiple respondents, including Chinda, the APC, INEC, the Speaker of the House of Representatives, security agencies, and the Attorney-General of the Federation.
The group is seeking several reliefs, including an order directing the APC to disqualify Chinda from its governorship primary, an order restraining INEC from recognising his nomination, and an interim injunction preventing him from presenting himself as a valid aspirant pending the determination of the case.
It also asked security agencies to prevent Chinda and his supporters from participating in the primary until the matter is resolved in court.
