PDP Drags Ned Nwoko to Court, Seeks By-Election for Delta North Senatorial Seat
The Peoples Democratic Party (PDP) has filed a lawsuit at the Federal High Court in Abuja, seeking to declare the seat of Senator Ned Munir Nwoko vacant following his defection from the PDP to the All Progressives Congress (APC). The party is also asking the court to order the Independent National Electoral Commission (INEC) to conduct a by-election to fill the Delta North Senatorial District seat.
In the suit marked FHC/ABJ/CS/454/2025, the PDP, through its counsel, Dr. Ayo Asala (SAN), argued that Senator Nwoko’s defection violates Section 68(1)(g) of the 1999 Constitution (as amended), which mandates that a lawmaker who defects from the party that sponsored their election must vacate their seat. The party is also seeking an order for Nwoko to return all salaries, allowances, and emoluments he received as a senator from the date of his defection.
The originating summons, dated February 27, 2025, lists Senator Ned Nwoko as the 1st Defendant, the President of the Senate as the 2nd Defendant, and INEC as the 3rd Defendant. The PDP is asking the court to determine the following key questions:
- Whether, in light of Section 68(1)(g) of the Constitution, Senator Nwoko, who was elected on the PDP platform but defected to the APC, should vacate his seat as the Senator representing Delta North Senatorial District.
- Whether the Senate President and INEC are obligated to declare Nwoko’s seat vacant following his defection to the APC.
Based on these questions, the PDP is seeking the following reliefs from the court:
- A declaration that Senator Nwoko, having defected from the PDP to the APC, ought to have vacated his seat in the National Assembly immediately, in accordance with Section 68(1)(g) of the Constitution.
- A declaration that the Senate President and INEC are constitutionally obligated to declare Nwoko’s seat vacant due to his defection.
- An order declaring Nwoko’s seat vacant and directing him to vacate the position immediately.
- An order directing INEC to conduct a by-election to fill the vacant Delta North Senatorial District seat.
- An order directing Senator Nwoko to return all salaries, allowances, and emoluments received since his defection from the PDP to the APC.
Background of the Case
Senator Ned Nwoko, a prominent politician and businessman, was elected to represent Delta North Senatorial District in the 2023 general elections under the PDP platform. His recent defection to the APC has sparked controversy, with the PDP arguing that his action violates constitutional provisions and undermines the mandate given to him by the electorate.
Section 68(1)(g) of the 1999 Constitution states that a member of the National Assembly shall vacate their seat if they defect from the political party that sponsored their election, except in cases of a division within the party. The PDP contends that no such division exists within its ranks, making Nwoko’s defection unconstitutional.
Implications of the Lawsuit
The lawsuit has significant implications for Nigeria’s political landscape, particularly regarding the defection of lawmakers and the stability of political parties. If the court rules in favor of the PDP, it could set a precedent for similar cases and discourage defections, which have become a common occurrence in Nigeria’s political system.
The case also highlights the ongoing rivalry between the PDP and APC, as both parties vie for control of key legislative seats ahead of future elections. A by-election in Delta North Senatorial District could shift the balance of power in the Senate, depending on which party secures the seat.
Reactions and Next Steps
Senator Nwoko and the APC have yet to respond to the lawsuit, but the case is expected to generate significant attention as it progresses through the courts. Legal experts have noted that the interpretation of Section 68(1)(g) will be central to the court’s decision, with potential ramifications for other lawmakers who have defected from their original parties.
The PDP’s move to reclaim Nwoko’s seat underscores its determination to hold defectors accountable and protect its electoral mandates. The party has also signaled its readiness to pursue similar legal actions against other defectors, reinforcing its commitment to party discipline and constitutional adherence.
As the case unfolds, stakeholders will be closely monitoring the court’s ruling and its impact on Nigeria’s political dynamics. The outcome could influence future defections and shape the strategies of political parties as they prepare for upcoming elections.
For now, the focus remains on the Federal High Court, where the PDP’s legal challenge will determine the fate of Senator Ned Nwoko’s seat and set a precedent for addressing defections in Nigeria’s National Assembly.
