A Federal High Court sitting in Port Harcourt has fixed November 4, 2026, for the hearing of a suit challenging the nomination of Kingsley Chinda as the All Progressives Congress (APC) governorship candidate for the 2027 Rivers State election. The suit, marked FHC/PH/CS/3/2026, was filed by Samuel Amatonjie against the Independent National Electoral Commission (INEC), Chinda, the Peoples Democratic Party (PDP), the APC, the Speaker of the House of Representatives, and the Clerk of the House.
The plaintiff, Amatonjie, is challenging Chinda's eligibility to participate in the APC governorship screening and primary, arguing that his defection from the PDP to the APC was not completed in accordance with Section 68 of the 1999 Constitution, as amended, before the processes. Amatonjie informed the court that he had been served with processes filed by some of the defendants on September 28 and needed additional time to study and respond to them.
At Wednesday's proceedings, the presiding judge, Justice Mohammed Turaki, adjourned the matter until November 4 for hearing. Amatonjie said the suit was instituted as a public interest action seeking an interpretation of Section 68 of the Constitution as it relates to defection by a member of the National Assembly. He said the central question before the court was whether Chinda's defection from the PDP to the APC had been completed by May 9, 2026, when he was screened for the APC governorship primary.
According to Amatonjie, Chinda's resignation and defection letter was not read on the floor of the House of Representatives until June 2, 2026. He argued that the court would therefore have to determine whether Chinda was constitutionally entitled to participate in the APC screening and primary before the formal reading of his defection and resignation letter. Amatonjie clarified that the suit was not asking the court to make a general determination on whether Chinda was qualified to contest the governorship election.
The plaintiff is seeking several reliefs, including a declaration that a member of the National Assembly who defects from one political party to another must comply with the constitutional requirements governing defection before participating validly in a governorship primary conducted by the new party. He is also asking the court to declare that INEC cannot validly recognise or publish Chinda as the APC governorship candidate if it finds that he had not validly defected from the PDP before the APC screening and primary.
Counsel to the PDP, Paul Daudu (SAN), said the matter was adjourned to enable the plaintiff respond to processes filed by the defendants. Counsel to Chinda, Dike Udenna, also confirmed the adjournment, saying the plaintiff had requested time to respond to the preliminary objections and counter-affidavits filed by the defendants. The court subsequently fixed November 4, 2026, for hearing of the suit.
The outcome of the suit may have implications for the 2027 Rivers State governorship election, as the plaintiff is seeking an order disqualifying Chinda from the election if the court grants the reliefs sought. The case has sparked interest in the polity, with many stakeholders following developments closely.
Key points
- The Federal High Court in Port Harcourt has adjourned a suit challenging Kingsley Chinda's nomination as the APC governorship candidate to November 4, 2026.
- The plaintiff, Samuel Amatonjie, argues that Chinda's defection from the PDP to the APC was not completed in accordance with the Constitution before he participated in the APC governorship screening and primary.
- The suit seeks an interpretation of Section 68 of the Constitution as it relates to defection by a member of the National Assembly.
