The Peoples Democratic Party, PDP in Delta State have dragged the member representing the Ethiope-East/Ethiope-West Federal Constituency in the House of Representatives, Erhiatake Ibori-Sueni, daughter of former Governor of Delta State, Chief James Onanefe, the Speaker, House of Representatives and the Independent National Electoral Commission, INEC before the Federal High Court sitting in Warri for defecting to the All Progressives Congress, APC in the state.
The PDP suit was filed on the 11th of December, 2024 by Dr Ayo Asala, SAN.
The PDP gave the federal lawmaker 30 days notice including from the day of service, to respond to the originating summons as well as enter into appearance.
In an originating Summons, the PDP prayed the court to declare vacant, the seat Erhiatake currently occupies with immediate effect.
The party insisted that the court directs the lawmaker to vacate the seat by virtue of Section 68 (1) (g) of the Constitution of the Federal Republic of Nigeria, 1999 as amended.
“The 1 Defendant having defected from the Plaintiff the Political party, Peoples Democratic Party that sponsored her and on whose platform she was elected as a member representing the Ethiope East Ethiope West Federal Constituency, in the House of Representatives to another political Party namely the All Progressives Congress, APC.
“AN ORDER of this Honourable Court directing the 1st Defendant to immediately vacate her seat as a member representing the Ethiope East/Ethiope West Federal Constituency, in the House of Representatives, having defected from the Plaintiff, being the Political Party that sponsored her as a member representing the Ethiope East/Ethiope West Federal Constituency, in the House of Representatives, to another political party to wit, ALL PROGRESSIVES CONGRESS (APC)
“AN ORDER OF PERPETUAL INJUNCTION restraining the ” Defendant from parading or further holding herself as the member representing the Ethiope East/Ethiope West Federal Constituency, in the House of Representatives and undertaking any legislative duties or function in the political party that sponsored her
“AND ORDER of the Honourable Court directing, compelling
“Respondent, INEC to forthwith conduct fresh or by-election vacancy resulting from the vacation of the seat of the 1 Defendant representing the Ethiope East Ethiope West Federal Constituency, the love Representatives
“AN ORDER of this Honourable Count directing the 1 Defended salary allowances and other emoluments, received by her representing the Ethiope Fan Ethiope West Federal Constituency, if the House of Representatives, from the date she defected from the Plaintiff to another political party, to wit the ALL PROGRESSIVES CONGRESS, APC.”
The PDP had approached the court to interprete or determine,’ WHETHER, 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 1ª Defendant herein, who was elected under the platform of the Plaintiff herein, namely the PEOPLES DEMOCRATIC PARTY representing Ethiope East/Ethiope West Federal Constituency in the House of Representatives (3rd Defendant) and who has now defected to another political party, to wit the ALL PROGRESSIVES CONGRESS (APC), ought not to have vacated her seat as a member representing Ethiope East/Ethiope West Federal Constituency in the House of Representatives?
According to the PDP, “WHETHER, 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, 3rd and 4th Defendants ought to have declared the seat of the 1 Defendant as a member representing Ethiope East Ethiope West Federal Constituency in the House of Representatives vacant, the 1ª Defendant having defected to another political party, to wit the ALL PROGRESSIVES CONGRESS (APC) tom the Plaintiff, being the political party b into the Ethiope East/Ethiopie West Federal C Representatives Constituency.”
