PDP URGES COURT TO DECLARE NED NWOKO’S SEAT VACANT, ORDER BY-ELECTION FOLLOWING DEFECTON TO APC
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The Federal High Court in Abuja has been petitioned by the Peoples Democratic Party (PDP) to declare the seat now held by Ned Nwoko, the senatorial district representative for Delta North, vacant.
In order to fill the post, the PDP asked the court to force INEC, the Independent National Electoral Commission, to hold a by-election right away.
Additionally, it requested that the court order Nwoko to refund all of the compensation, benefits, and other emoluments he got while serving as the National Assembly senator for Delta North Senatorial District from the moment he defected from the PDP to the All Progressives Congress, or APC.
The PDP filed an initial summons on February 27, 2025, with the Independent National Electoral Commission and Senate President Nwoko as respondents.
Ayo Asala, SAN, filed the lawsuit on behalf of the PDP.
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PDP brought up a number of issues in the original summons, which was numbered FHC/ABJ/CS/454/2025, for the court to decide.
“Whether or Not, having regard to the clear an unambiguous provisions of Section 68(1)(g) of the Constitution of the Federal Republic of Nigeria,1999(As Amended), the 1st Defendant herein,who was elected under the the platform of the plaintiff herein, namely, the People’s Democratic Party, PDP representing Delta North Senatorial District in the Senate of the Federal Republic of Nigeria(3rd Defendant) and who has now defected to another political party to wit, the All Progressives Congress,(APC) ought not to have vacated his seat as a senator representing Delta North Senatorial District in the National Assembly?
“Whether or Not, having regard to the clear and unambiguous provisions of Section 68(1)(g) of the Constitution of the Federal Republic of Nigeria,1999(As Amended),the 2nd and 3rd Defendants ought to have declared the seat of the 1st Defendant as a senator representing Delta North Senatorial District in the National Assembly vacant, the 1st Defendant having defected to another political party,to wit, the All Progressives Congress (APC) from the plaintiff being the political party that sponsored him for election into the Delta North Senatorial District in the National Assembly.”
Upon the determination of the questions in its favour, the PDP asked for the following reliefs:
“A declaration that the 1st Defendant (Ned Nwoko) having defected from the plaintiff being the political party(People’s Democratic Party) that sponsored him and on whose platform he was elected as a Senator representing the Delta North Senatorial District in the National Assembly to another political party which is the All Progressives Congress (APC), ought to have vacated his seat in the said National Assembly with immediate effect by virtue of Section 68(1)(g) of the Constitution of the Federal Republic of Nigeria,1999(As Amended).
“A declaration that the 2nd and 3rd Defendants (Senate President and INEC) are under constitution and legal duties by virtue of Section 68(1)(g) of the constitution of the Federal Republic of Nigeria,1999(As Amended) to declare the seat of the 1st Defendant as a Senator representing Delta North Senatorial District in the National Assembly vacant , the 1st Defendant, having defected from the plaintiff being the political party that sponsored him and on whose platform he was elected as a Senator representing Delta North Senatorial District in the National Assembly to another political party,being the All Progressives Congress (APC).
“An order declaring vacant the seat of Senator representing Delta North Senatorial District in the National Assembly currently occupied by the 1st Defendant and directing the 1st Defendant to with immediate effect, vacate the said seat by Virtue of Section 68(1)(g) of the Constitution of the Federal Republic of Nigeria,1999(As Amended). The 1st Defendant having having defected from the plaintiff being the Political party(People’s Democratic Party)that sponsored him and on whose platform he was elected as a Senator representing the Delta North Senatorial District in the National Assembly to another political party namely, the All Progressives Congress (APC).
“An order of this Honourable Court directing the 1st Defendant to immediately vacate his seat as a Senator representing the Delta North Senatorial District in the National Assembly,having defected from the plaintiff being the political party that sponsored him as a Senator representing the Delta North Senatorial District in the National Assembly to another political party to wit, All Progressives Congress (APC).
“An order of this Honourable Court directing the 4rh Defendant to immediately conduct a by-election to fill the vacant seat of the Senator representing Delta North Senatorial District in the Senate of the Federal Republic of Nigeria upon declaring the seat vacant.
“An order this Honourable Court to directing the 1st Defendant to return all salaries, allowances and other emoluments received by him as a Senator representing the Delta North Senatorial District in the National Assembly from the date he defected from the plaintiff to another political party to wit,the All Progressives Congress (APC).”
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