The Peoples Democratic Party (PDP) has asked the Federal High Court in Abuja to declare the Senate seat of Delta North Senatorial District vacant after its occupant, Ned Nwoko, left the party for the All Progressives Congress (APC).
The PDP is also requesting that the Independent National Electoral Commission (INEC) organize a by-election to fill the position. Additionally, the party wants the court to order Nwoko to return all salaries and allowances he has received as a senator since his defection.
The case, filed on February 27, 2025, argues that Nwoko’s defection violates Section 68(1)(g) of the Nigerian Constitution. This section states that a lawmaker must vacate their seat if they leave the party that sponsored them unless there is a division in the party.
The PDP insists that since there was no such division, Nwoko should lose his seat. It also accuses the Senate President and INEC of failing to enforce this rule by not declaring the seat vacant.
The party is asking the court to:
- Declare that Nwoko should lose his Senate seat for defecting to the APC.
- Order the Senate President and INEC to officially remove him.
- Direct Nwoko to leave his position immediately.
- Mandate INEC to conduct a by-election to replace him.
- Require Nwoko to return all salaries and benefits received since he switched parties.
This legal battle highlights the ongoing political struggle in Nigeria, where party defections often lead to disputes over legislative seats. The court’s decision will determine whether Nwoko can remain in office or if Delta North voters will elect a new senator.
