PDP Challenges Ned Nwoko’s Defection In Court, Calls For Fresh Election

The Peoples Democratic Party (PDP) has filed a lawsuit at the Federal High Court in Abuja, requesting that the seat of Senator Ned Munir Nwoko, who represents Delta North Senatorial District, be declared vacant following his defection to the All Progressives Congress (APC).

In Suit No: FHC/ABJ/CS/454/2025, the PDP, through its legal representative, Dr. Ayo Asala (SAN), urged the court to order the Independent National Electoral Commission (INEC) to conduct a by-election to fill the position.

The suit, dated February 27, 2025, lists the PDP as the plaintiff, with Senator Ned Nwoko, the President of the Senate, and INEC as the first, second, and third defendants, respectively.

Additionally, the PDP asked the court to direct Senator Nwoko to return all salaries, allowances, and other benefits he received as a senator from the date of his defection from the PDP to the APC.

The party posed the following legal questions before the court: “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 1st Defendant herein, who was elected under 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.”

Based on these arguments, the PDP is seeking several court orders, including: “A declaration that the 1st Defendant, 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 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 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 4th 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).” It added.

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