The Peoples Democratic Party (PDP) in Delta State filed a suit against Rt. My lord. The contemporary representative of the Federal Constituency of Ethiopia at the Federal High Court in Warri, Mr. Elhiatake Ibori-Suenu.
The party is asking the court to declare her seat vacant following her recent defection to the All Progressives Congress (APC).
The suit, filed with case number: FHC/WR/CS/126, was filed by the PDP legal team led by Dr. Ayo Asala SAN.
The party is asking the court to interpret Article 68(1)(g) of the 1999 Constitution, which deals with asylum issues, and subsequently declare Ibori Suenu’s seat vacant.
Defendants in the case include Ibori Suenu himself, the Speakers of both Houses of Parliament, and the Independent National Electoral Commission (INEC).
PDP seeks the following relief:
1. A declaration that Ibori Suenu, who defected from the PDP (the party that sponsored her election) to the APC, should vacate her seat under the provisions of Article 68(1)(g) of the Constitution.
2. A declaration that the Speaker, House of Representatives and INEC are constitutionally required to declare the seat vacant due to her defection.
3. Order declaring the Ethiopian East/Western Federal Constituency seat vacant and directing Ibori Suenu to vacate the seat immediately.
4. A permanent injunction prohibiting Mr. Ibori Suenu from representing the constituency or carrying out any legislative duties as the seat becomes vacant due to his defection.
5. An order directing INEC to hold a by-election to fill the vacancy created by her defection.
6. An order requiring Ibori Suenu to return all salaries, allowances and other allowances he received as a member of the House of Representatives since the date of his resignation from the party.
Through this lawsuit, the PDP seeks to enforce constitutional provisions regarding asylum and ensure the legitimacy of parliamentary representation.
