Court asked to declare Ned Nwoko’s senate seat vacant over defection to APC

A suit has been filed before the Abuja federal high court seeking to declare the seat of Ned Nwoko, the senator representing Delta north, vacant after he defected to the All Progressives Congress (APC).

The case, marked FCH/ABJ/CS/325/2025, also urged the court to direct the Independent National Electoral Commission (INEC) to conduct a bye-election within 60 days of delivering judgment to fill the seat, which would be made vacant.

The plaintiff, Marvis Ossai, a constituent and member of the Peoples Democratic Party (PDP), argued that Nwoko’s continued stay in office after leaving the opposition party violates the constitution.

He maintained that there was no division within the PDP at the time of Nwoko’s defection, making his switch to the APC unconstitutional.

“That the ideology of the 1st defendant’s new party, All Progressives Congress (APC), to which the 1st defendant now fully subscribes, does not bear any similarity or represent the political philosophy of the People’s Democratic Party (which is the basis upon which the plaintiff resolved to cast his vote for and elected the defendant in 2023),” the plaintiff averred.

“That the conduct of the defendant in defecting from the People’s Democratic Party to All Progressives Congress has dealt a major blow to the fortunes of the Plaintiff’s Party, the People’s Democratic Party.”

The suit names Nwoko, INEC, PDP, and the senate as defendants.

Through his legal team, led by Johnmary Jideobi, the plaintiff seeks several declarations and orders, including a declaration that Nwoko’s senate seat is vacant in line with section 68(1)(g) of the 1999 Constitution and referencing the supreme court ruling in Abegunde v. Ondo state house of assembly (2015) 8 NWLR Part 1461 Page 314.

He is also seeking an order cancelling Nwoko’s certificate of return issued by INEC and directing the lawmaker to refund all salaries, emoluments, and allowances received since January 2025 to the consolidated revenue fund of the federation.

The plaintiff is also seeking disqualification of Nwoko from contesting any election until he complies with the court’s judgment.

He also wants an order mandating the senate to immediately implement the court’s ruling.

The case is yet to be assigned to a judge for hearing.

Nwoko formally joined the APC on February 5.

The senator’s formal defection was contained in a letter read by Senate President Godswill Akpabio on the floor of the red chamber.

The lawmaker informed his colleagues that he defected from the PDP because of the crisis in the party.