PDP moves to unseat Ned Nwoko, seeks court order for by-election

The Peoples Democratic Party (PDP) has filed a lawsuit at the Federal High Court in Abuja, seeking to declare the Delta North Senatorial seat vacant following Senator Ned Nwoko’s defection to the All Progressives Congress (APC).  

In an originating summons dated February 27, 2025, the PDP urged the court to compel the Independent National Electoral Commission (INEC) to conduct a by-election to replace Nwoko.

Additionally, the party requested that the court order Nwoko to refund all salaries, allowances, and emoluments he has received since his defection.

The suit was filed on behalf of the PDP by Ayo Asala, SAN.

In the originating summons numbered FHC/ABJ/CS/454/2025, PDP raised several questions for determination by the court.

“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 determination of the questions in its favour, the PDP asked for the following reliefs:

“A declaration that the 1st Defendant (Ned Nwoko) 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 (Senate President and INEC) 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 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 4rh 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).”