A Federal High Court in Port Harcourt has fixed November 4, 2026, for hearing in a suit challenging the nomination of Kingsley Chinda as the All Progressives Congress (APC) governorship candidate for the 2027 Rivers State election.
The suit, registered in 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.
Amatonjie is challenging Chinda’s eligibility to participate in the APC governorship primary, contending 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 APC screening and primary.
At Wednesday’s proceedings, Amatonjie informed the court that he was served with processes filed by some of the defendants on September 28 and required 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.
Speaking to journalists outside the courtroom, Amatonjie described the case as public interest litigation aimed at obtaining an interpretation of Section 68 of the Constitution regarding 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 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 candidate.
According to him, Chinda’s resignation and defection letter was read on the floor of the House of Representatives by the Speaker on June 2, 2026.
Amatonjie 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.
He, however, clarified that the suit was not seeking a general determination of Chinda’s right to contest the governorship election.
“I am not saying he does not have the right to contest the position of governor in Rivers State.
What I am saying, by virtue of the said provision of the Constitution, Section 68, is whether, as at the material time he picked that ticket, his defection from the Peoples Democratic Party to the All Progressives Congress had crystallised,” Amatonjie said.
Among the reliefs sought, the plaintiff is asking the court to declare that constitutional requirements governing defection by a member of the National Assembly must be fulfilled before such a person can validly participate in a political party’s governorship primary.
He is also seeking an order declaring that INEC cannot recognise or publish Chinda as the APC governorship candidate if the court finds that he had not validly defected from the PDP before the screening and primary.
The plaintiff further wants Chinda disqualified from the 2027 Rivers State governorship election if the court grants the reliefs sought.
Counsel to the PDP, Paul Daudu (SAN), said the adjournment became necessary because the plaintiff needed time to respond to processes filed by the defendants.
“It was slated for hearing, but the plaintiff asked for adjournment because he needed to respond to the processes filed by the first, second and third defendants. That is essentially what happened,” Daudu said.
Daudu added that the plaintiff’s position was that Chinda did not resign from his position as Minority Leader of the House of Representatives at the appropriate time.
Counsel to Chinda, Dike Udenna, also confirmed the adjournment, saying the plaintiff had sought time to respond to the preliminary objections and counter-affidavits filed by the defendants.
Blessing Ibunge
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