The Peoples Democratic Party (PDP) has taken legal action to unseat Senator Ned Munir Nwoko, representing Delta North Senatorial District, following his recent defection to the ruling All Progressives Congress (APC).
The PDP filed a lawsuit at the Federal High Court in Abuja, urging the court to declare his seat vacant and order the Independent National Electoral Commission (INEC) to conduct a bye-election.
The case, numbered FHC/ABJ/CS/454/2025, lists Senator Nwoko, the president of the Senate, and INEC as defendants.
The party argues that Nwoko’s defection violates Section 68(1)(g) of the Nigerian Constitution, which states that a lawmaker who switches parties without a division in their original party must forfeit their seat. As a result, PDP contends that both the Senate President and INEC are legally bound to declare the seat vacant.
The PDP is also asking the court to order Nwoko to return all salaries, allowances, and other benefits he received as a senator since leaving the party.
In its originating summons, the PDP is raising the following questions, among others:
“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 construction/determination of the forgoing questions in favour of the plaintiff, the plaintiff seeks the following reliefs;
“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.