A member of the Peoples Democratic Party (PDP), Marvis Ossai, has filed a lawsuit at the Federal High Court in Abuja seeking to declare the Delta North senatorial seat vacant following Senator Ned Nwoko’s defection to the All Progressives Congress (APC).
Ossai argues that Nwoko’s continued stay in office after leaving the PDP violates constitutional provisions.
According to the plaintiff, there was no division within the PDP at the time of the senator’s defection, making his move to the ruling party unconstitutional.
In the suit, numbered FCH/ABJ/CS/325/2025, Ossai is requesting the court to compel the Independent National Electoral Commission (INEC) to conduct a bye-election within 60 days of the judgment to fill the seat.
According to the suit, “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 Peoples Democratic Party to the All Progressives Congress has dealt a major blow to the fortunes of the Plaintiff’s Party, the Peoples Democratic Party.”
The lawsuit names Nwoko, INEC, the PDP, and the Senate as dedefendants.
However, through his legal team, led by Johnmary Jideobi, the plaintiff seeks several declarations and orders, including a ruling that Nwoko’s Senate seat is vacant under Section 68(1)(g) of the 1999 Constitution.
The suit also cites the Supreme Court’s decision in Abegunde v. Ondo State House of Assembly (2015) 8 NWLR Part 1461 Page 314.
The plaintiff is further requesting the cancellation of Nwoko’s certificate of return issued by INEC and an order compelling him to refund all salaries, emoluments, and allowances received since January 2025 to the Consolidated Revenue Fund of the Federation.
Additionally, he seeks Nwoko’s disqualification from contesting future elections until he complies with the court’s judgment.
The suit also demands that the Senate immediately implement the court’s ruling.
However, the case has yet to be assigned to a judge for hearing.
