PDP takes Ned Nwoko to court, demands Senate seat be declared vacant

The Peoples Democratic Party (PDP) has filed a lawsuit at the Federal High Court in Abuja, seeking to unseat Senator Ned Munir Nwoko after his recent defection to the All Progressives Congress (APC).

The party argues that Nwoko’s departure from the PDP renders his seat in the Senate vacant and is calling for an urgent by-election to replace him.

In Suit No: FHC/ABJ/CS/454/2025, the PDP, represented by its counsel Dr. Ayo Asala (SAN), is requesting the court to enforce constitutional provisions on party defection. The suit names Senator Nwoko as the first defendant, while the President of the Senate and the Independent National Electoral Commission (INEC) are the second and third defendants, respectively.

The party argues that under Section 68(1)(g) of the 1999 Constitution (as amended), an elected lawmaker who defects from the party that sponsored their election must vacate their seat unless the party has experienced a division or merger.

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The PDP’s filing asks the court to determine:

1. Whether Nwoko is still entitled to hold his Senate seat despite defecting from the PDP to the APC.
2. Whether the Senate President and INEC should have declared his seat vacant.

Based on its legal argument, the PDP is seeking multiple court orders, including:

– A declaration that Nwoko must vacate his seat immediately since he left the party under which he was elected.
– An order compelling the Senate and INEC to declare the seat vacant and conduct a by-election.
– A directive requiring Nwoko to refund all salaries, allowances, and benefits he has received since defecting.

“The 1st Defendant, having defected from the plaintiff, which is the party that sponsored him, ought to have vacated his seat immediately,” the PDP argued.

The case adds to Nigeria’s ongoing political battles over party defections, which have frequently led to disputes over legislative seats.

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