Defection: PDP drags Ibori to court, ask court to declare her seat vacant

The Peoples Democratic Party, PDP, in Delta State has dragged Rt. Hon. Erhiatake Ibori-Suenu, Member representing Ethiope Federal Constituency before the Federal High Court Warri praying that her seat be declared vacant following her recent decamping to the All Progressives Congress, APC.

The PDP in an Originating Summons in suit No: FHC/WR/CS/126 filed by their lawyers led by Dr. Ayo Asala SAN prayed the court to interpret the provisions of Section 68 (1) (g) of the 1999 constitution and declared her seat vacant.

The suit has the PDP as Plaintiff with Hon. Erhiatake Ibori-Seunu, The Speaker, House of Representatives, The House of Representatives and Independent National Electoral Commission, as 1st, 2nd, 3rd, and 4th Defendants. 

PDP prayed the Court for, “A declaration that the 1 Defendant having defected from the Plaintiff, being the Political party (Peoples Democratic Party) that sponsored her and on whose platform she was elected as a member representing the Ethiope East Ethiope West Federal Constituency, in the House of Representatives to another political Party namely the ALL PROGRESSIVES CONGRESS (APC), ought to vacate her seat 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, 3rd and 4th Defendant are under constitutional 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 member representing the Ethiope East/Ethiope West Federal Constituency, in the House of Representatives vacant, the 1st Defendant, having defected from the Plaintiff, being the political party that sponsored her and on whose platform she was elected as a member representing the Ethiope East/Ethiope West Federal Constituency, in the House of Representatives to another political party, the All Progressives Party, (APC).

“An Order declaring vacant, the seat of Ethiope East/West Federal Constituency, in the House of Representatives 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 that sponsored her and on whose platform she was elected as a member representing the Ethiope East/Ethiope West Federal Constituency, in the House of Representatives to another political party, the All Progressives Party, (APC).

"AN ORDER of this Honourable Court directing the 1st Defendant to immediately vacate her seat as a member representing the Ethiope East/Ethiope West Federal Constituency, in the House of Representatives, having defected from the Plaintiff, being the Political Party that sponsored her as a member representing the Ethiope East/Ethiope West Federal Constituency, in the House of Representatives, to another political party to wit, ALL PROGRESSIVES CONGRESS (APC)

"AN ORDER OF PERPETUAL INJUNCTION restraining the Defendant from parading of further holding out herself as the member representing the Ethiope East/Ethiope West Federal Constituency, in the House of Representatives and undertaking any legislative duties or function thereof, having lost her legislative seat by virtue of her defection to another political party different from the political party that sponsored her.

"AND ORDER of this Honourable Court directing, compelling and mandating the 4th Defendant (INEC) to forthwith conduct fresh or bye-elections to fill the vacancy resulting from the vacation of the seat of the 1st Defendant as member representing the Ethiope East Ethiope West Federal Constituency, in the House of Representatives.

"AN ORDER of this Honourable Count directing the 1st Defendant to return all salaries, allowances and other emoluments, received by her as a member representing the Ethiope East/ Ethiope West Federal Constituency, in the House of Representatives, from the date she defected from the Plaintiff to another political party, to wit; the ALL PROGRESSIVES CONGRESS (APC)." It added.