The Peoples Democratic Party (PDP) has filed a suit at the Federal High Court in Abuja, seeking to declare vacant the seat of Ned Nwoko, the senator representing Delta North Senatorial District.
In the suit, PDP urged the court to direct the Independent National Electoral Commission (INEC) to conduct a by-election to fill the position. The party also requested that Nwoko return all salaries, allowances, and other emoluments received since his defection from the PDP to the All Progressives Congress (APC).
The case, filed on February 27, 2025, names Nwoko, the Senate President, and INEC as respondents. It was instituted by Ayo Asala, SAN, on behalf of the PDP and is registered under suit number FHC/ABJ/CS/454/2025.
PDP’s legal argument is based on Section 68(1)(g) of the 1999 Constitution (as amended), which stipulates that a lawmaker must vacate their seat if they defect from the political party that sponsored their election unless the party has undergone a division or merger.
The party is asking the court to determine whether:
1. Nwoko should have vacated his seat immediately after defecting to the APC.
2. The Senate President and INEC should have declared his seat vacant upon his defection.
If the court rules in PDP’s favor, the party seeks the following reliefs:
• A declaration that Nwoko’s seat is vacant as he defected from PDP, the party that sponsored his election.
• An order directing the Senate President and INEC to formally declare the seat vacant.
• A directive for INEC to conduct a by-election to replace him.
• A mandate requiring Nwoko to return all payments received as a senator since his defection.
The court is yet to set a date for the hearing.
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