The Federal High Court in Abuja presided over by Justice JO Abdulmalik has halted plans by some members of the Minority Caucus in the House of Representatives to remove Kingsley Chinda (PDP, Rivers) as the Minority Leader of the House for his alleged relationship with the Minister of the FCT, Nyelsom Wike.
In an order of interim injunction, the court ordered all parties in the suit filed on behalf of Chinda by Dr.JY Musa (SAN) to maintain status quo pending the determination of the suit.
Defendants in the suit are the National Assembly, the Clerk to the National Assembly, the House of Representatives, Speaker of the House of Representatives, Clerk to the House of Representatives, the Peoples Democratic Party, the New Nigeria Peoples Party, the Labour Party, All Progressive Grand Alliance, Social Democratic Party, Africa Democratic Party and the Young Progressive Party.
He is seeking an order restraining the defendants, their servants, privies, officers, agents, members, howsoever described from removing him as Minority Leader of the House of Representative without compliance with the due process of the law or accepting/recognizing any exercise by any person(s) purportedly removing him from his position as the Minority Leader of the House.
In his ruling, the Judge said “it is my considered firm opinion that in order to ensure all the parties listed in these processes have equal playing ground by virtue of their constitutional rights enshrined in Section 36 (1) of the 1999 Constitution Federal Republic of Nigeria (as Amended), as well as the need to protect the res sought in the application.
IT IS HEREBY ORDERED AS FOLLOWS:
“THAT the Applicant SHALL forthwith serve on all the Defendants/Respondents the Motion on Notice with Suit No:-
FHC/ABJ/CS/1936/2025 filed on 16th September 2025, along with all relevant processes filed in this matter, so as not to foist a fait accompli on the outcome of the reliefs sought in this application which are also exact same reliefs prayed in the Motion on Notice with Suit No:-
FHC/ABJ/CS/1936/2025.
“THAT the hearing of the Motion on Notice with Suit No:- FHC/ABJ/CS/1936/2025 filed on 16th September 2025,
SHALL pursuant to Section 6 (6) (b) ofthe 1999 Constitution Federal Republic of Nigeria (as Amended) be EXPEDIENTLY resolved on its MERIT by this Honourable Court for the attainment of Justice in this matter.
“THAT ALL the concerned parties listed in this application SHALL maintain STATUS QUO in respect of the res prayed on the face of the Motion Ex-Parte pending the hearing and determination on its MERIT of the Motion on Notice with Suit No:-
FHC/ABJ/CS/1936/2025 filed on 16th
September 2025.
“THAT ALL the Defendants/Respondents SHALL be served with Hearing Notices in respect of this matter.”
In his statement of claim, Chinda is seeking a declaration that the move to remove him from his position as the Minority Leader of the House of Representatives on the account of his association with Barrister Ezenwo Nyesom Wike, the current Minister of the FCT is a clear violation of his right to Freedom of Association as guaranteed by Section 40 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
He is also seeking q declaration that the Defendants lack the vires to remove him from his position as the Minority Leader of the House arbitrarily without full compliance with the provisions of Order 7 Rule 14 of the Standing Orders of the House of Representatives, Eleventh Edition and in the manner offensive to all civilized democratic norms.
He sought an order of injunction restraining the 1st – 5th Defendants, their privies, agents, servants, Officers, howsoever described from giving effect to any exercise or instrument purporting to have removed the Plaintiff by the Defendants in disregard of the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) or any Rules or Standing Orders of the House of Representatives.
In his statement of claim, Chinda said he was a member of the People’s Democratic Party,m and was elected to represent the People of Obio/Akpor Federal Constituency of Rivers State, the constituency of the Minister of the FCT.
According to him, by virtue of having the majority of members among the minority parties had the option of producing the Minority Leader of the House of Representatives and that members of the political parties with minority members nominated him as the Minority Leader, the position which he occupies in the House of Representatives till date.
He averred that the only reason given for the plot to remove him is that he associates with the Minister of the Federal Capital Territory, Barrister Ezenwo Nyesom Wike, who is also a member of the Peoples Democratic Party.
He argued that the eleventh edition of Standing Orders of the House of Representatives makes provisions for the procedures for removing any officer of the House which have not been complied with, rather the said minority members are hell bent on removing the Plaintiff. The said Standing Orders of the House will be relied on at the trial of this suit.
According to him, the Standing Orders of the House provides that after due notice to the House, the majority party and the minority parties may change their leader and whip, deputy leader,and deputy whip, provided that the change is made by the majority of the members of the parties in the House themselves, adding that such due process has not been followed in the plot to remove him.
The House, he said, has been on vacation since 23d of July, 2025 and that majority of the members of the minority parties in the
House have travelled and there are no majority of members of the minority parties to make or seek for change in the minority leadership of the House.
He averred that a change of the minority leadership of the House can only be made by the majority of the members of the minority parties in the House themselves after due notice to the House.
He stressed that while the House was on break, some minority parties of the House, mainly the Peoples Democratic Party, have been having clandestine meetings and lobbying members of the other minority parties to have him removed as Minority Leader of the House before the resumption of the House and to present same to the House on resumption.
He stressed that any purported exercise removing him from being Minority Leader of the House can only become effective on such exercise being recognized by the Ist-5th defendants. adding that from his cognate legislative experience, overwhelming political pressure is likely to weigh on the parliament to succumb to the illegal exercise aimed at his removal which is imminent.
He also said that while the National Executive Committee meeting of the Peoples Democratic Party was in progress on Monday 25Ih of August, 2025, some members of the House of Representatives under the auspices of Peoples Democratic Party caucus in the House were also holding meeting where the issue of his immediate removal was discussed.
He also averred that on the 6th September, 2025, the 6th -12th Defendants met and took a decision to remove him and the Deputy Minority Whip of the House making it clear that the decision to remove him is based on his relationship with the Honourable Minister of the Federal Capital Territory, Barrister Ezenwo Nyesom Wike.