Declare Ned Nwoko’s seat vacant, PDP urges Court

The Peoples Democratic Party, PDP, has urged the Federal High Court sitting in Abuja, to declare vacant the seat currently being occupied by the Senator representing the people of Delta North Senatorial District, Sen. Ned Munir Nwoko over his recent defection to the All Progressive Congress, APC.

The PDP in Suit No:FHC/ABJ/CS/454/2025, through it’s Counsel, Dr. Ayo Asala SAN prayed the court to immediately order the Independent National Electoral Commission, INEC to conduct a bye-election to fill the vacant position.

The originating summons dated 27th February, 2025 had the PDP as Plaintiff with Sen. Ned Nwoko, the President of the Senate of the Federal Republic of Nigeria, and the Independent National Electoral Commission before the Court as 1st, 2nd, and 3rd Defendants respectively.

PDP also prayed the Court to direct Sen. Ned Munir Nwoko 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 PDP to the All Progressives Congress (APC).

In the originating summons, PDP is asking the following questions amongst others;

“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 construction/determination of the forgoing questions in favour of the plaintiff, the plaintiff seeks the following reliefs;

“A declaration that the 1st Defendant, 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 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 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 4th 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).” It added.