The Peoples Democratic Party has approached the Federal High Court in Abuja, seeking the removal of the lawmaker representing Obokun/Oriade Federal Constituency of Osun State, Oluwole Oke, for defecting to the All Progressives Congress.
In a suit filed on its behalf by its lead counsel, Raphael Oyewole, on Monday, the PDP requested the court to issue an order of mandamus compelling the Speaker of the House of Representatives, Tajudeen Abbas, to declare Oke’s seat vacant.
The PDP argued that this action would ensure compliance with Section 68(1)(g) and (2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), as Oke defected without any verifiable division, merger, or faction within the party.
Oke, a six-term lawmaker, had defected from the PDP to the APC, stating that his decision followed consultations with his political associates, friends, and family members.
In his resignation letter, dated April 16 and addressed to the PDP chairman in Ward 7, Obokun Local Government Area of Osun, Oke also copied the national and state chairmen of the party.
In response to the defection, the PDP dragged Oke, the Speaker of the House of Representatives, the Clerk of the National Assembly, Tajudeen Abbas, and the Independent National Electoral Commission as the first to fifth defendants, respectively.
The originating summons, marked FHC/ABJ/CS/1040/2025, contained seven questions for determination and sought eight reliefs.
One of the questions posed was, “Whether, by virtue of Section 68(1)(g) of the 1999 Constitution (as amended), a member of the House of Representatives, such as the first defendant, is not liable to forfeit their legislative seat for resigning from the plaintiff’s political party, upon whose platform they were elected, to join another political party, in the absence of a division, merger, or faction within the plaintiff’s political party.”
The PDP urged the court to direct Abbas and INEC to fulfil their constitutional duties by declaring the seat vacant and initiating the process for a bye-election in the constituency.
The party also sought an order directing the Clerk of the National Assembly to withdraw all entitlements and halt payments of salaries, allowances, and other benefits to Oke.
The PDP requested an order compelling the embattled lawmaker to refund all salaries, emoluments, benefits, and allowances received from the date of his resignation from the PDP to the date of judgment, arguing that he unlawfully retained a legislative seat in violation of Section 68(1)(g) of the 1999 Constitution.
Source: Punch NG
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