Court Hears Suit Seeking to Void Ned Nwoko’s Senate Seat Over Defection to APC
By SpringsNewsNG, February 25, 2025
A lawsuit seeking to declare the Delta North senatorial seat vacant following Senator Ned Nwoko’s defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) has come before the Federal High Court in Abuja.
The suit, filed by PDP member Marvis Ossai, argues that Nwoko’s defection violates the 1999 Constitution since there was no division within the PDP at the time. According to Ossai, Nwoko’s continued stay in office after switching parties is unconstitutional.
In Suit No. FCH/ABJ/CS/325/2025, Ossai is asking the court to compel the Independent National Electoral Commission (INEC) to conduct a bye-election within 60 days to fill the seat. The plaintiff contends that Nwoko’s move to APC contradicts the political philosophy under which he was elected in 2023, thereby betraying PDP voters.
The lawsuit also names INEC, the PDP, and the Senate as defendants. Through his legal counsel, Johnmary Jideobi, Ossai seeks several court declarations, including:
- A ruling that Nwoko’s Senate seat is vacant under Section 68(1)(g) of the 1999 Constitution.
- An order for INEC to revoke Nwoko’s certificate of return.
- A directive for Nwoko to refund all salaries, allowances, and emoluments received since January 2025 to the Consolidated Revenue Fund.
- Nwoko’s disqualification from future elections until he complies with the court’s decision.
- A mandatory order for the Senate to implement the ruling immediately.
The suit references the Supreme Court’s decision in Abegunde v. Ondo State House of Assembly (2015) 8 NWLR Part 1461 Page 314, which upheld the constitutional provision against party defection without division.
The case is yet to be assigned to a judge for hearing.
