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Rivers Guber: Chinda’s ‘belated defection’ grounds for disqualification – Legislative lawyers

Lawyers under the umbrella of Association of Legislative Drafting and Advocacy Practitioners, ALDRAP, have described the announcement of Kingsley Chinda’s move from the Peoples Democratic Party, PDP, to the All Progressives Congress, APC, during plenary at the House of Representatives on Tuesday as a “belated defection” that justifies their call for his disqualification from contesting the governorship election in Rivers States in 2027.

ALDRAP, whose members include constituents of the lawmaker who represents Obio/Akpor Federal Constituency of Rivers State, made the assertion in a statement released shortly after Chinda’s defection and resignation was announced at the National Assembly on Tuesday. The lawyers equally asked the Independent National Electoral Commission, INEC, to provide the membership register of the APC as at May 10, 2026.

ALDRAP had filed a lawsuit, asking an Abuja Federal High Court to stop the Independent National Electoral Commission, INEC, from recognizing Chinda as the APC candidate for the 2027 gubernatorial poll in Rivers State.

Speaker of the House of Representatives, Tajudeen Abbass, read a letter announcing Chinda’s resignation from the PDP and defection to the APC during plenary on Tuesday, June 2, 2026 – nearly two weeks after the lawmaker won the APC governorship primary election in Rivers State, held on May 21, 2026. The letter also announced Chinda’s resignation as Minority Leader of the House of Representatives, a position he attained due to his membership of the PDP.

Chinda’s defection letter was dated April 23, 2026, indicating that he had already resigned from the PDP and defected to the APC before the May 21, 2026 APC gubernatorial primary election in Rivers State.

Sources at the National Assembly revealed that he actually defected before the lawmakers went on recess.

However, the official announcement of the defection came after ALDRAP had, in a Freedom of Information request dated May 26, 2026, asked the Speaker of the House of Representatives to produce evidence that a letter notifying the House of the Rep’s defection was read on the floor during plenary, before his participation in the APC Rivers primary and emergence as gubernatorial candidate.

According to the Supreme Court, for a lawmaker’s defection to be deemed as valid, there has to be a formal announcement of the defection, during plenary, by the presiding officer of the legislature.

ALDRAP had in its lawsuit asked INEC to reject Chinda as Rivers APC governorship candidate on the grounds that his defection was inconsistent with the provisions of Section 68 (1) (g) of the Constitution of the Federal Republic of Nigeria, 1999, and pronouncements of the Supreme Court of Nigeria on defection of legislators.

Insisting on the illegality of the defection despite Tuesday’s announcement by the Speaker, ALDRAP, in a letter addressed to INEC chairman, Prof. Joash Amupitan, SAN, dated June 2, 2026, demanded, in line with the Freedom of Information Act, 2011, for the membership register of the APC in Rivers State as at May 10, 2026. In the letter signed by Jesse Williams Amuga, Esq., its administrative secretary, ALDRAP argued that Chinda’s name was submitted in violation of provisions of the Electoral Act, 2026.

Parts of the letter read, “We write as lawyers to the constituents of Hon. Kingsley Ogundu Chinda who represents Ohio/Akpor Federal Constituency at the House of Representatives, National Assembly. Our Incorporated Trustees of the Association of Legislative Drafting and Advocacy Practitioners (ALDRAP) has filed a public interest lawsuit on behalf of constituents of the said Hon. Chinda.

“We write to request both hard copy and electronic copy of the Register of the APC as at 10th May 2026.

“This request is brought pursuant to the Freedom of Information Act, 2011 and as requirement of Section 84 of the Evidence Act, 2011. We seek to tender the said said CTC in the lawsuit against Hon. Chinda at the Federal High Court Abuja.

“It has just been reported that today, 2nd June 2026 is the date that Hon. Chinda’s defection from the Peoples Democratic Party (PDP) was announced on the floor of the National Assembly during plenary session. This is a violation of both Section 68 of the Constitution of the Federal Republic of Nigeria, 1999 and the judgment of the Supreme Court of Nigeria dated 28th February 2025.

“It also constitutes a violation of Section 77 (5) of the Electoral Act, 2026 because he is joining the APC after the APC had already submitted it’s Register of Members to the Independent National Electoral Commission (INEC) on 10th May 2026. Also, there is no evidence of the dates of acceptance of his resignation by the PDP at the ward level in Rivers State and issuance of a new membership by the APC in Rivers State at the ward level.

“It is important to note that by virtue of a judgment of the Court of Appeal dated 29th May 2026, the Emeka Beke-led faction of the APC is the recognised APC in Rivers State, whereas Hon. Kingsley Ogundu Chinda registered with the Tony Okocha-led faction of the APC in Rivers State.

“Let us conclude that all the foregoing demands are made as public interest disclosures and requests in furtherance of our ongoing public interest lawsuit at the Federal High Court, Abuja. A copy of the lawsuit is enclosed.”