A Federal High Court in Port Harcourt has scheduled 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 instituted by Samuel Amatonjie against the Independent National Electoral Commission (INEC), Kingsley Chinda, the Peoples Democratic Party (PDP), the APC, the Speaker of the House of Representatives, and the Clerk.

The plaintiff, Samuel Amatonjie, is challenging Chinda's eligibility to participate in the APC governorship primary, arguing that his defection from the PDP to the APC had not been completed in accordance with Section 68 of the 1999 Constitution, as amended, before the party's screening and primary. Amatonjie informed the court that he was served with processes filed by some of the defendants on September 28, requesting additional time to study and respond to them.

After hearing from the parties, the presiding judge, Justice Mohammed Turaki, adjourned the matter to November 4, 2026, for hearing. The central issue in the suit is whether Chinda's defection from the PDP to the APC had been completed as of May 9, 2026, when he was screened for the APC governorship primary, and May 21, 2026, when he emerged as the party's governorship candidate.

According to Amatonjie, Chinda's resignation and defection letter was read on the floor of the House of Representatives by the Speaker on June 2, 2026. The plaintiff said the court would determine whether Chinda was constitutionally entitled to participate in the APC screening and primary before the formal reading of his defection and resignation letter.

The plaintiff is seeking several reliefs, including a declaration that the constitutional requirements governing defection by a member of the National Assembly must be complied with before such a person can validly participate in a political party's governorship primary. He is also seeking a declaration that INEC cannot validly recognise or publish Chinda as the APC governorship candidate if the court finds that he had not validly defected from the PDP before the APC screening and primary.

Counsel to the PDP, Paul Daudu (SAN), and counsel to Chinda, Dike Udenna, confirmed the adjournment, noting that the plaintiff had sought time to respond to the preliminary objections and counter-affidavits filed by the defendants. The court will now determine whether Chinda's defection was completed in accordance with the Constitution, and whether he is eligible to participate in the 2027 Rivers State governorship election.

Key points

  • The Federal High Court in Port Harcourt will hear the suit challenging Kingsley Chinda's nomination as the APC governorship candidate on November 4, 2026.
  • The plaintiff, Samuel Amatonjie, argues that Chinda's defection from the PDP to the APC was not completed in accordance with Section 68 of the 1999 Constitution.
  • The court will determine whether Chinda was constitutionally entitled to participate in the APC screening and primary before the formal reading of his defection and resignation letter.

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SaharaWire

Reporting for SaharaWire from the Nairobi bureau.