The Federal High Court in Abuja has issued a summons to the National Assembly’s management, including the Speaker of the House of Representatives, Abbas Tajudeen, and nine others, requiring their appearance within 30 days. This action follows a lawsuit initiated by the House Minority Leader, Hon. Kingsley Chinda, who is seeking to halt efforts aimed at ousting him from his leadership role.
The summons, dated September 16, 2025, and signed by Dr. J.Y. Musa, SAN, representing Chinda, reveals allegations that there is an ongoing attempt to remove the Minority Leader due to his connection with the Federal Capital Territory Minister, Nyesom Wike.
The court’s directive states: “You are hereby required to enter an appearance within thirty days of receiving this writ, including the day of service. Failure to do so may result in the plaintiff proceeding in your absence and judgment being rendered accordingly.”
It further specifies that the writ must be served within twelve months from its date, with renewals allowed up to six months from the last renewal date. Defendants, including Speaker Abbas, the National Assembly Clerk, and opposition parties, may respond personally or through legal counsel by submitting the appropriate forms to the Federal High Court Registrar in Abuja, either in person or via registered mail.
In his claim, Chinda argues: “A DECLARATION that any attempt to remove me from my position as Minority Leader based solely on my association with Barrister Ezenwo Nyesom Wike, a member of the Peoples Democratic Party and current Minister, infringes upon my constitutional right to Freedom of Association as guaranteed under Section 40 of the 1999 Constitution (as amended).”
He further contends: “A DECLARATION that the defendants lack the authority to arbitrarily remove me without adhering to Order 7 Rule 14 of the House of Representatives’ Standing Orders (Eleventh Edition), and that such an action violates democratic principles.”
Chinda also seeks: “AN INJUNCTION restraining the 6th to 12th defendants and their agents from proceeding with any removal efforts that contravene constitutional provisions and the House’s Standing Orders.”
Additionally, he requests: “AN INJUNCTION preventing the 1st to 5th defendants and their affiliates from enforcing any purported removal without due legal process.”
He concludes by asking the court to grant any other orders deemed appropriate under the circumstances.
On September 15, 2025, the court granted an interim injunction through a Motion Exparte, barring the defendants from removing Chinda as Minority Leader without following due process until the matter is fully heard and decided.
The court emphasized the importance of ensuring all parties have equal opportunity to present their case, referencing Section 36(1) of the 1999 Constitution, which guarantees fair hearing rights. It ordered that the plaintiff must promptly serve all defendants with the Motion on Notice and related documents to avoid prejudicing the case’s outcome.
The court also mandated that the hearing of the Motion on Notice be expedited in accordance with Section 6(6)(b) of the Constitution to facilitate swift justice.
Furthermore, an interlocutory injunction was issued, preventing any removal of Chinda without compliance with legal procedures pending the substantive suit’s resolution.
The court’s order highlighted that Order 7 Rule 14 of the House’s Standing Orders outlines the proper procedure for changing the leadership of minority parties, requiring due notice and a majority vote from the minority members themselves.
Since the House is currently in recess and many minority members are absent, the court noted that no legitimate majority exists to authorize such a leadership change at this time.
The court expressed concern over attempts by some minority party members, particularly from the Peoples Democratic Party, to remove Chinda without valid justification, attributing the motive to his relationship with Minister Wike.
Chinda, who represents the constituency of Minister Wike, is protected under Section 40 of the Constitution, which guarantees freedom of association, allowing him to maintain his political alliances without fear of reprisal.
The court warned that without judicial intervention, the defendants might proceed with an unconstitutional removal within the 30-day window allowed for their response.
In response, the House of Representatives’ Deputy Spokesperson, Hon. Philip Agbese, affirmed the institution’s commitment to constitutional democracy and the rule of law. He assured that Speaker Abbas would engage all stakeholders to resolve the issue amicably and in accordance with democratic principles.
Agbese stated, “The 10th House of Representatives remains dedicated to upholding constitutional values. The Speaker will work diligently with all involved parties to ensure a fair and just outcome. We appreciate public interest and will provide updates through official channels as necessary.”
