The application is linked to the outcome of the APC governorship primary held on May 21, 2026, where Chinda emerged as the party’s sole candidate after the withdrawal of other aspirants, including Rivers State Governor Siminalayi Fubara, Tonye Cole and Alabo Dakorinama George-Kelly.
Chinda, widely associated with Federal Capital Territory Minister Nyesom Wike, currently holds a seat in the House of Representatives and serves as Minority Leader, a position tied to his membership of the Peoples Democratic Party People's Democratic Party. His reported move to the APC has raised questions, as his formal status within the party structure has not been clearly documented prior to his emergence as a candidate of the ruling All Progressives Congress.
A group of lawyers operating under the Incorporated Trustees of the Association of Legislative Drafting and Advocacy Practitioners filed the suit on May 12, 2026. The plaintiffs are asking the court to prevent Chinda from participating in the APC primary or, if already nominated, from contesting the 2027 governorship election.
The suit also lists the Independent National Electoral Commission, the Speaker of the House of Representatives, the APC, the Department of State Services, and the Attorney-General of the Federation as respondents.
Central to the case is the claim that Chinda’s alleged defection from the PDP to the APC did not comply with constitutional requirements and Supreme Court interpretations governing legislative defections. The plaintiffs rely on Section 68(1)(g) of the 1999 Constitution and a Supreme Court judgment delivered on February 27, 2025.
Beyond the governorship ticket, the group is also asking the court to declare Chinda’s seat in the House of Representatives vacant and compel the Speaker to remove him as Minority Leader, citing what they describe as dual party affiliation.
They are further requesting an order directing INEC to conduct a by-election to fill the seat if it is declared vacant.
Court filings also challenge the participation of George-Kelly in the APC primary, arguing that he failed to resign from his position as Director-General of the Border Communities Development Agency before seeking elective office, as required by election guidelines. However, he has since withdrawn from the race.
In an affidavit supporting the suit, the plaintiffs argue that Chinda’s continued legislative role alongside participation in APC governorship activities is inconsistent with constitutional provisions and democratic procedure. They also referenced a pre-action notice issued in 2025 warning the lawmaker of possible recall proceedings should he defect.
The court is yet to fix a date for hearing the matter.
