PDP Takes Legal Action: Ibori’s Daughter Faces Potential Seat Vacancy

PDP Challenges Ibori’s Daughter in Court to Declare Seat Vacant

The Peoples Democratic Party (PDP) in Delta State has initiated legal action against Rt. Hon. Erhiatake Ibori-Suenu, the representative of Ethiope East/Ethiope West Federal Constituency in the House of Representatives, following her defection to the All Progressives Congress (APC).

Background:

• Defection: Erhiatake Ibori-Suenu, daughter of former Delta State Governor James Ibori, recently switched allegiance from the PDP to the APC.
• Legal Basis: The PDP’s lawsuit, filed at the Federal High Court in Warri, references Section 68(1)(g) of the 1999 Constitution, which stipulates that a member of the National Assembly must vacate their seat if they defect from the party on whose platform they were elected, unless the party is experiencing a division.

PDP’s Demands:

1. Vacate Seat: The PDP seeks a court order declaring Ibori-Suenu’s seat vacant due to her defection.
2. Injunction: The party requests an injunction preventing her from continuing to act as the representative of Ethiope East/Ethiope West Federal Constituency.
3. By-Election: The PDP urges the Independent National Electoral Commission (INEC) to conduct a by-election to fill the now-vacant seat.

Constitutional Context:

Section 68(1)(g) of the Nigerian Constitution mandates that a legislator must vacate their seat if they defect from the party that sponsored their election, unless there is a division within that party.

Implications:

This legal action underscores the PDP’s commitment to maintaining party discipline and could serve as a precedent for similar cases involving party defections.