The Peoples Democratic Social gathering, PDP in Delta State have dragged the member representing the Ethiope-East/Ethiope-West Federal Constituency within the Home of Representatives, Erhiatake Ibori-Sueni, daughter of former Governor of Delta State, Chief James Onanefe, the Speaker, Home of Representatives and the Unbiased Nationwide Electoral Fee, INEC earlier than the Federal Excessive Court docket sitting in Warri for defecting to the All Progressives Congress, APC within the state.
The PDP go well with was filed on the eleventh of December, 2024 by Dr Ayo Asala, SAN.
The PDP gave the federal lawmaker 30 days discover together with from the day of service, to answer the originating summons in addition to enter into look.
In an originating Summons, the PDP prayed the court docket to declare vacant, the seat Erhiatake at the moment occupies with speedy impact.
The social gathering insisted that the court docket directs the lawmaker to vacate the seat by advantage of Part 68 (1) (g) of the Structure of the Federal Republic of Nigeria, 1999 as amended.
“The 1 Defendant having defected from the Plaintiff the Political social gathering, Peoples Democratic Social gathering that sponsored her and on whose platform she was elected as a member representing the Ethiope East Ethiope West Federal Constituency, within the Home of Representatives to a different political Social gathering specifically the All Progressives Congress, APC.
“AN ORDER of this Honourable Court docket directing the first Defendant to instantly vacate her seat as a member representing the Ethiope East/Ethiope West Federal Constituency, within the Home of Representatives, having defected from the Plaintiff, being the Political Social gathering that sponsored her as a member representing the Ethiope East/Ethiope West Federal Constituency, within the Home of Representatives, to a different political social gathering to wit, ALL PROGRESSIVES CONGRESS (APC)
“AN ORDER OF PERPETUAL INJUNCTION restraining the ” Defendant from parading or additional holding herself because the member representing the Ethiope East/Ethiope West Federal Constituency, within the Home of Representatives and endeavor any legislative duties or perform within the political social gathering that sponsored her
“AND ORDER of the Honourable Court docket directing, compelling
“Respondent, INEC to forthwith conduct recent or by-election emptiness ensuing from the holiday of the seat of the 1 Defendant representing the Ethiope East Ethiope West Federal Constituency, the love Representatives
“AN ORDER of this Honourable Depend directing the 1 Defended wage allowances and different emoluments, acquired by her representing the Ethiope Fan Ethiope West Federal Constituency, if the Home of Representatives, from the date she defected from the Plaintiff to a different political social gathering, to wit the ALL PROGRESSIVES CONGRESS, APC.”
The PDP had approached the court docket to interprete or decide,’ WHETHER, having regard to the clear and unambiguous provisions of Part 68(1) (g) of the Structure of the Federal Republic of Nigeria, 1999, (as amended), the 1ª Defendant herein, who was elected below the platform of the Plaintiff herein, specifically the PEOPLES DEMOCRATIC PARTY representing Ethiope East/Ethiope West Federal Constituency within the Home of Representatives (third Defendant) and who has now defected to a different political social gathering, to wit the ALL PROGRESSIVES CONGRESS (APC), ought to not have vacated her seat as a member representing Ethiope East/Ethiope West Federal Constituency within the Home of Representatives?
Based on the PDP, “WHETHER, having regard to the clear and unambiguous provisions of Part 68(1) (g) of the Structure of the Federal Republic of Nigeria, 1999, (as amended), the 2nd, third and 4th Defendants must have declared the seat of the 1 Defendant as a member representing Ethiope East Ethiope West Federal Constituency within the Home of Representatives vacant, the 1ª Defendant having defected to a different political social gathering, to wit the ALL PROGRESSIVES CONGRESS (APC) tom the Plaintiff, being the political social gathering b into the Ethiope East/Ethiopie West Federal C Representatives Constituency.”
