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).
The PDP made the application in a 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 Sen. Francis Fadahunsi representing Osun East Senatorial District; Sen. 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 Fadahunsi, Fadeyi, Olusanya and Ajilesoro respectively, as 1st defendant in each of the case.
While the President of the Senate is sued as 2nd defendant in the suit against the senators, the Speaker is named as 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 if 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, House of Representatives, Tajudeen Abbas, to, forthwith, declare their seats vacant accordingly.
The PDP urged the court to direct 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, allowances, including benefits to 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 judgment, 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 are yet to be assigned to a judge.
It would be recalled that the Osun State PDP chapter had, recently, dragged Rep Oluwole Oke, the lawmaker representing Obokun/Oriade Federal Constituency of the state, before Justice Emeka Nwite over his defection to APC.
The state’s party had continued to activate the provisions of the constitution as contained in Section 68(1)(g) which borders on defection of legislators during the term for which they were elected.
