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.”
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