The Peoples Democratic Party has filed a petition before the Federal High Court in Abuja, urging the court to declare vacant the seat currently held by Senator Ned Nwoko, who represents the Delta North Senatorial District.
The PDP is requesting that the court immediately direct the Independent National Electoral Commission to conduct a by-election to fill the position. Additionally, the party seeks an order for Nwoko to return all salaries, allowances, and other emoluments he has received as a senator from the date he defected from the PDP to the All Progressives Congress.
This is outlined in an originating summons filed by the PDP on 27th February 2025, with Nwoko, the Senate President, and INEC as respondents. The suit was filed by Ayo Asala, SAN, on behalf of the PDP.
In the originating summons numbered FHC/ABJ/CS/454/2025, the PDP raised several questions for the court’s consideration. These include whether, under Section 68(1)(g) of the 1999 Constitution (as amended), Nwoko should have vacated his seat after defecting from the PDP to the APC.
The PDP also questions whether the Senate President and INEC should have declared Nwoko’s seat vacant following his defection, as provided by the Constitution.
Should the court rule in favor of the PDP, the party is requesting the following reliefs:
A declaration that Nwoko, having defected from the PDP to the APC, should have vacated his seat in the National Assembly immediately, in accordance with Section 68(1)(g) of the Constitution.
A declaration that the Senate President and INEC are constitutionally required to declare Nwoko’s seat vacant due to his defection to the APC.
An order directing that Nwoko vacate his seat and declaring the seat for Delta North Senatorial District vacant, with INEC instructed to conduct a by-election.
