The Peoples Democratic Party (PDP) has approached the Federal High Court in Abuja, requesting that the seat of Senator Ned Nwoko, representing Delta North Senatorial District, be declared vacant following his defection to the All Progressives Congress (APC).
In the originating summons dated February 27, 2025, filed by Ayo Asala, SAN, the PDP named Nwoko, the Senate President, and the Independent National Electoral Commission (INEC) as respondents. The party contends that Nwoko's defection violates Section 68(1)(g) of the 1999 Constitution (as amended), which mandates that a lawmaker must vacate their seat if they defect from the party on whose platform they were elected, unless there is a division within that party.
The PDP's submission includes the following key points:
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Vacancy Declaration: A declaration that Nwoko's seat should be declared vacant due to his defection from the PDP to the APC.
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INEC By-Election: An order directing INEC to conduct a by-election to fill the now-vacant Delta North Senatorial District seat.
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Refund of Emoluments: An order compelling Nwoko to return all salaries, allowances, and other benefits received since his defection.
The PDP's legal action underscores the party's commitment to enforcing constitutional provisions regarding political defections and maintaining the integrity of its representation in the National Assembly.
As of now, Senator Nwoko and the other respondents have not publicly responded to the lawsuit. The case's outcome could set a significant precedent for future instances of political defections in Nigeria.
