A member of the Peoples Democratic Party, Marvis Ossai, has approached the Federal High Court in Abuja, seeking a declaration that the Delta North Senatorial seat be vacated following Senator Ned Nwoko’s defection to the All Progressives Congress.
Ossai filed the suit, marked FCH/ABJ/CS/325/2025, arguing that Nwoko should be removed from office as he no longer belongs to the party under which he was elected to the Senate. The plaintiff is also requesting that the Independent National Electoral Commission conduct a by-election within 60 days of the court’s judgment to fill the vacant seat.
The suit lists Nwoko, INEC, PDP, and the Senate as defendants.
Ossai, through his legal counsel led by Mr. Johnmary Jideobi, posed a single legal question for the court’s determination and sought several reliefs, including:
1. An order directing INEC to organize a by-election for the Delta North Senatorial District within 60 days from the date of judgment.
2. An order declaring the seat vacant and nullifying Nwoko’s Certificate of Return issued by INEC.
3. An order compelling Nwoko to refund all salaries, allowances, and emoluments received from January 2025 until the court delivers its final judgment.
4. An order disqualifying Nwoko from contesting any future elections under the amended 1999 Constitution until he fully complies with the terms of the judgment.
5. An order mandating the Senate to immediately implement the court’s ruling.
The plaintiff submitted a five-paragraph affidavit deposed to by Ibrahim Isa, stating that Nwoko formally resigned from the PDP on January 30, 2025, despite being elected under the party’s platform to serve until 2027.
Ossai, who hails from Oshimili North Local Government Area in Delta North Senatorial District, argued that Nwoko’s continued tenure in the Senate following his defection constitutes a gross violation of the Nigerian Constitution.
He further asserted:
– There has been no division within the national leadership of the PDP that could justify Nwoko’s defection.
– The APC’s ideology is entirely different from that of the PDP, which was the basis for the electorate’s support of Nwoko in the 2023 elections.
– Nwoko’s defection has significantly weakened the PDP’s political standing in Delta North.
– If left unchallenged, his defection would encourage what the plaintiff termed “political harlotry” and “legislative rascality,” undermining constitutional provisions regulating National Assembly members’ defections.
– Nwoko no longer represents the interests of his constituents, particularly those who voted for him based on their trust in the PDP’s manifesto.
– By switching to the APC, Nwoko now serves the interests of individuals and groups who actively opposed his election in 2023.
– The matter is urgent, and the court’s intervention is necessary to uphold electoral integrity.
The affidavit further stressed, “It will be in the interest of justice for this Honourable Court to grant the prayers contained on the face of this Originating Summons.”
As of now, the case has not yet been assigned to a judge for hearing.
