The Peoples Democratic Party (PDP) has filed a suit at the Federal High Court in Abuja, seeking to declare the Senate seat of Delta North Senatorial District, currently occupied by Senator Ned Munir Nwoko, vacant following his recent defection to the All Progressives Congress (APC).
In the suit, numbered FHC/ABJ/CS/454/2025, PDP, through its counsel Dr. Ayo Asala (SAN), urged the court to direct the Independent National Electoral Commission (INEC) to conduct a bye-election to fill the position.
Dated February 27, 2025, the case lists Senator Nwoko as the 1st Defendant, alongside the President of the Senate and INEC as the 2nd and 3rd Defendants, respectively. The PDP contends that Nwoko’s defection violates Section 68(1)(g) of the Nigerian Constitution (as amended), which mandates that a lawmaker who defects from the party on whose platform they were elected must vacate their seat unless the party is factionalized.
Among its demands, PDP is requesting the court to:
Declare that Nwoko should have vacated his Senate seat immediately after defecting.
Order the Senate President and INEC to declare the seat vacant.
Direct Nwoko to return all salaries, allowances, and other benefits received from the date of his defection.
Instruct INEC to conduct a fresh election to fill the position.
The PDP maintains that Nwoko’s defection to the APC invalidates his mandate and that he no longer has the legal right to represent Delta North in the National Assembly. The court is yet to set a date for hearing the case.
