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A Federal High Court sitting in Port Harcourt has adjourned until December 10 the hearing of a suit challenging the eligibility of the All Progressives Congress (APC) governorship candidate in Rivers State, Hon. Kingsley Chinda, to contest the 2027 election.
The suit, instituted by Samuel Amatonjie against the Independent National Electoral Commission (INEC), Chinda and other defendants, questions the legality of the governorship candidate's alleged defection from the Peoples Democratic Party (PDP) to the APC.
Other defendants in the suit include the PDP, APC, Speaker of the House of Representatives and Clerk of the National Assembly.
Speaking with journalists after Wednesday's proceedings, counsel to the plaintiff, Samuel Amatonjie, said the action was instituted to determine whether Chinda complied with the constitutional requirements for defecting from one political party to another.
He maintained that the plaintiff's position was that Chinda remained a member of the PDP and was therefore not qualified to emerge as the APC's governorship candidate.
“We are in court because we feel, in our humble estimation, that 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 that, at all times material to this case, he was a member of the PDP,” he said.
Amatonjie described the case as public interest litigation intended to secure an authoritative interpretation of relevant constitutional provisions and determine Chinda's eligibility to contest the 2027 governorship election on the APC platform.
Explaining the proceedings, he said the matter was initially scheduled for the hearing of the originating summons, but the defendants requested more time to study and respond to the plaintiff's replies to their preliminary objections and counter-affidavits.
He also disclosed that the plaintiff had applied for subpoenas compelling INEC, the Speaker of the House of Representatives and the Clerk of the National Assembly to produce documents considered relevant to the case.
According to him, the documents requested from the National Assembly include its records of proceedings covering April 1 to June 2, 2026.
He said the subpoena directed at INEC sought the production of an April 28, 2026 letter through which the APC notified the commission of its primary election, alongside the party's membership register submitted with the correspondence.
The plaintiff's counsel said the documents would help establish the circumstances surrounding Chinda's alleged defection from the PDP to the APC.
He, however, stressed that the legal action was not motivated by any personal disagreement with Chinda, whom he described as a learned colleague, but by the need to uphold constitutional provisions and democratic principles.
Amatonjie argued that citizens had a responsibility to seek judicial interpretation whenever they believed constitutional provisions were being violated.
On his part, counsel to the defendants, Paul Dauda, SAN, said the defence had filed a preliminary objection challenging the jurisdiction of the court to entertain the suit since September 29.
He explained that the plaintiff's response to the objection was only served on the defence on Tuesday, making it necessary for his legal team to study the processes and prepare its reply.
Dauda said the defence was entitled to additional time to respond to the plaintiff's arguments before the substantive hearing could proceed.
Following submissions by counsel, the trial judge adjourned the matter until December 10 for hearing.
The suit is expected to determine the constitutional issues surrounding Chinda's alleged defection and his eligibility to fly the APC flag in the 2027 Rivers State governorship election.
