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Federal High Court in Port Harcourt subpoenas INEC, Speaker of the House of Representatives and Clerk of the National Assembly to produce documents relating to Kingsley Chinda’s alleged defection from the PDP to the APC.
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National Assembly officials are to produce Hansard covering April 1 to June 2, 2026, while INEC must submit the APC’s April 28 notification letter and membership register.
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Plaintiff, Samuel Amatoji, wants the court to determine whether Chinda validly defected before emerging as the APC governorship candidate on May 9, 2026.
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Court adjourns the suit to December 10, 2026, after the PDP and Chinda seek more time to respond to the plaintiff’s processes.
November 5, (THEWILL) – 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 in a suit challenging the alleged defection of the All Progressives Congress (APC) governorship candidate in Rivers State, Kingsley Chinda, from the Peoples Democratic Party (PDP).
The court, presided over by Justice Mohammed Turaki, issued the subpoenas following applications by a Port Harcourt-based legal practitioner, Samuel Amatoji, who is asking the court to interpret the constitutional provisions governing political defections and determine whether Chinda was qualified to contest the 2027 governorship election on the platform of the APC.
Under the subpoenas, the Speaker of the House of Representatives and the Clerk of the National Assembly are to produce the National Assembly’s Hansard covering the period between April 1 and June 2, 2026.
INEC is also required to produce a letter dated April 28, 2026, reportedly submitted by the APC to notify the commission of its governorship primary, alongside the party’s membership register submitted to the electoral body.
At the resumed hearing on Wednesday, Amatoji told the court that the documents were necessary to establish the circumstances surrounding Chinda’s alleged defection and his subsequent emergence as the APC governorship candidate.
The court granted the applications, directing the relevant institutions to produce the requested documents.
Plaintiff Challenges Chinda’s Eligibility
The substantive suit seeks a determination of whether, upon a combined interpretation of Sections 177(c) and 68 of the 1999 Constitution, as amended, Chinda validly defected from the PDP to the APC before being screened and declared the party’s governorship candidate on May 9, 2026.
Amatoji is also asking the court to determine whether Chinda was constitutionally qualified to emerge as the APC flag bearer, given the circumstances surrounding his alleged movement from the PDP.
Speaking with journalists after the proceedings, the lawyer described the case as public interest litigation aimed at protecting the Constitution and ensuring compliance with its provisions.
He maintained that Chinda was not eligible to contest the 2027 governorship election on the APC platform, insisting that he remained a member of the PDP at the material time.
“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 People’s Democratic Party and not a member of the APC”, Amatoji said.
He explained that the suit was instituted to obtain a judicial interpretation of the constitutional provisions regulating political defections and establish whether Chinda’s alleged movement to the APC complied with the law.
According to him, the documents sought through the subpoenas would help establish the timing and circumstances of the alleged defection, as well as the process leading to Chinda’s emergence as the APC governorship candidate.
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PDP, Chinda Seek More Time
Meanwhile, proceedings were also marked by disagreements over the time allowed for the defendants to respond to the plaintiff’s court processes.
Counsel to the PDP, Paul Daudu, and counsel to Chinda, Dike Udenna, complained about the late service of the plaintiff’s response to their preliminary objection challenging the jurisdiction of the court. They consequently requested additional time to study the counter-affidavit and prepare their replies.
Justice Turaki directed the parties to file and exchange the necessary court processes before the next hearing.
Speaking after the proceedings, Daudu said the request for an adjournment became necessary because the plaintiff’s response to their preliminary objection was served on the defendants only a day before the hearing.
He said the defendants were entitled to seven days to respond to the processes, adding that they needed adequate time to prepare their replies.
Amatoji Defends Public Interest Suit
Amatoji further argued that the case went beyond personal or political disagreements, describing it as a constitutional matter with implications for the rule of law and the country’s democratic process.
He said public-spirited Nigerians and legal practitioners had a responsibility to approach the courts whenever they believed that the actions or inactions of political actors threatened constitutional provisions.
“If we don’t do that, these politicians will keep on advancing their territories, and the Constitution will be trampled continuously. It will not be good for legal practitioners, society and the Constitution, which is the supreme law we are all meant to defend”, he said.
The lawyer also urged the institutions served with the subpoenas to comply with the court’s directives, stressing that the requested documents were public records relevant to the determination of the suit.
The respondents in the case include INEC, the PDP, the APC, the Speaker of the House of Representatives and the Clerk of the National Assembly.
Justice Turaki adjourned the matter to December 10, 2026, for hearing.
Felix Ifijeh is a journalist with years of professional reporting experience. Known for his keen news sense, compelling storytelling and commitment to accurate, impactful reporting, he has built a reputation for turning leads into clear, engaging, and well-structured reports that resonate with readers. His work reflects deep newsroom experience and a commitment to accurate, impactful journalism.
