The Peoples Democratic Party has taken legal action against Senator Ned Nwoko, asking the Federal High Court in Abuja to declare his Delta North Senatorial seat vacant following his recent defection to the All Progressives Congress.
In a suit filed on February 27, 2025, with case number FHC/ABJ/CS/454/2025, the PDP is requesting the court to order the Independent National Electoral Commission (INEC) to conduct a by-election to fill the seat.
The PDP, represented by its lawyer, Dr. Ayo Asala (SAN), argued that Nwoko’s defection violates Section 68(1)(g) of the 1999 Constitution (as amended). The party insists that since Nwoko was elected on its platform, his move to APC means he should automatically lose his seat.
The suit lists Nwoko as the first defendant, the President of the Senate as the second, and INEC as the third defendant.
The PDP is asking the court to answer key questions, including:
- Whether Nwoko, after leaving the PDP for the APC, should not vacate his seat in line with the Constitution.
- Whether the Senate President and INEC should have declared Nwoko’s seat vacant upon his defection.
The party also seeks several court orders, such as:
- A declaration that Nwoko’s seat should be vacant since he left the party that sponsored his election.
- An order directing INEC to organize a by-election to replace him.
- An order compelling Nwoko to return all salaries, allowances, and other benefits received from the day he joined the APC.
- The PDP emphasized that the law is clear, and anyone who leaves the party through which they were elected must give up their position.
The court is yet to fix a date for the hearing.
