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:
- Vacate Seat: The PDP seeks a court order declaring Ibori-Suenu’s seat vacant due to her defection.
- Injunction: The party requests an injunction preventing her from continuing to act as the representative of Ethiope East/Ethiope West Federal Constituency.
- 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.