PDP Member Sues Senator Ned Nwoko, Seeks to Declare Delta North Senatorial Seat Vacant
A member of the Peoples Democratic Party (PDP), Marvis Ossai, has filed a suit before the Federal High Court in Abuja, seeking to declare the Delta North Senatorial seat vacant following Senator Ned Nwoko’s defection to the All Progressives Congress (APC).
Ossai, in the suit marked FHC/ABJ/CS/325/2025, argues that Nwoko’s defection from the PDP—the platform on which he was elected—warrants his removal from the Senate. The plaintiff is also requesting the court to order the Independent National Electoral Commission (INEC) to conduct a by-election within 60 days of the judgment to fill the vacant seat.
Legal Demands
Ossai, represented by his legal team led by Mr. Johnmary Jideobi, is asking the court to grant the following reliefs:
- A declaration that Nwoko’s seat is vacant and an order cancelling his Certificate of Return issued by INEC.
- A directive to INEC to conduct a by-election for the Delta North Senatorial seat within 60 days from the date of the court’s judgment.
- An order mandating Nwoko to refund all salaries, emoluments, and allowances received from January 2025 until the final judgment.
- A permanent disqualification of Nwoko from contesting any elective office under the 1999 Constitution (as amended) until he complies with all terms of the court’s decision.
- A directive to the Senate to immediately implement the court’s ruling.
Arguments Against Nwoko’s Defection
In a supporting affidavit deposed by Ibrahim Isa, the plaintiff insists that Nwoko’s resignation from the PDP on January 30, 2025, amounts to a violation of the Constitution, as there was no internal crisis within the party to justify his defection.
The affidavit further states:
- Nwoko’s switch to APC contradicts the ideology of the PDP, which was the basis on which voters supported him in the 2023 elections.
- His defection has weakened the PDP’s political standing and undermined the trust of constituents who voted for him based on the party’s manifesto.
- Allowing his continued stay in the Senate promotes political opportunism, legislative recklessness, and undermines Nigeria’s constitutional provisions on party defection.
- Nwoko’s shift to the APC means he now represents opposing political interests, which is unfair to PDP supporters who worked for his election.
Status of the Case
The case has not yet been assigned to a judge for hearing. However, the plaintiff has urged the court to expedite the process, arguing that “time is of the greatest essence” in resolving the matter.