The Peoples Democratic Party (PDP) on Wednesday urged the Federal High Court in Abuja to order the removal of four lawmakers representing Osun State at the National Assembly (NASS) for defecting to the All Progressives Congress (APC).
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The PDP made the application in four separate suits dated August 20 and filed by its counsel, Rapheal Oyewole.
The lawmakers include two senators and two members of the House of Representatives.
They are Senator Francis Fadahunsi, representing Osun East Senatorial District; Senator Olubiyi Oluwole Fadeyi for Osun Central Senatorial District; Omirin Olusanya, who represents Atakumosa East/West and Ilesa East/West Federal Constituency; and Taofeek Ajilesoro, representing Ife Central/East/North and South Federal Constituency.
The plaintiff had, in the originating summons marked FHC/ABJ/CS/1725/2025, FHC/ABJ/CS/1728/2025, FHC/ABJ/CS/1727/2025 and FHC/ABJ/CS/1726/2025, sued Messrs Fadahunsi, Fadeyi, Olusanya and Ajilesoro, respectively, as the 1st defendant in each of the cases.
While the president of the Senate is sued as the 2nd defendant in the suit against the senators, the speaker is named as the 2nd defendant in the matter against the two House members.
However, the National Assembly, Clerk of NASS and Independent National Electoral Commission (INEC) are listed as 3rd to 5th defendants in the suits, respectively.
The party, which sought six questions for determination, asked whether, by virtue of Section 68(1)(g) of the Constitution 1999 (as amended), a senator or House member such as the lawmakers are not liable to forfeit their legislative seat after resigning the membership of the plaintiff political party on whose platform they were elected, before the end of the term for which they were elected, devoid of any division, merger and/or faction in the plaintiff political party.
The PDP, therefore, prayed the court to declare that the continued occupation of the legislative seats by the four lawmakers after defecting from the party on whose platform they were elected, without satisfying the express provision under Section 68(1)(g) of the 1999 Constitution, constitutes a breach of the constitution and renders their seats vacant by operation of law.
It also prayed the court to make an order of mandamus compelling the Senate President, Godswill Akpabio, and Speaker of the House of Representatives, Tajudeen Abbas, to forthwith declare their seats vacant accordingly.
The PDP urged the court to direct Messrs Akpabio, Abbas and INEC to discharge their constitutional duties as provided by the law by declaring the seats vacant and initiating processes for the conduct of bye-elections into the vacant seats in the senatorial districts and constituencies.
The party sought an order directing the clerk of the National Assembly (NASS) to withdraw all entitlements and stop payments of salaries and allowances, including benefits to Messrs Fadahunsi, Fadeyi, Olusanya and Ajilesoro.
It equally sought an order directing the embattled lawmakers to refund all salaries, emoluments, benefits and allowances received from the date of their resignation from PDP to the date of judgement, having unlawfully retained a legislative seat in violation of Section 68(1)(g) of the 1999 Constitution.
The PDP said the court decision would be in strict compliance with Section 68(1)(g) and (2) of the Constitution of the Federal Republic of Nigeria.
Meanwhile, the suits have yet to be assigned to a judge.
Recall that the Osun State PDP chapter had, recently, dragged Oluwole Oke, the lawmaker representing Obokun/Oriade Federal Constituency of the state, before Justice Emeka Nwite over his defection to the APC.
The state’s party continued to activate the provisions of the constitution as contained in Section 68(1)(g), bordering on the defection of legislators during the term for which they were elected.
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