The Delta State chapter of the Peoples Democratic Party (PDP) has taken legal action against Rt. Hon. Erhiatake Ibori-Suenu, a member of the House of Representatives representing the Ethiope Federal Constituency. The party is urging the Federal High Court in Warri to declare her seat vacant following her defection to the All Progressives Congress (APC).
The case, filed under suit number FHC/WR/CS/126, was brought by a legal team led by Dr. Ayo Asala SAN on behalf of the PDP. The party is asking the court to interpret Section 68 (1) (g) of the 1999 Constitution, which outlines the legal basis for declaring a legislator’s seat vacant when they switch political parties.
In the suit, the PDP named Ibori-Suenu, the Speaker of the House of Representatives, the House of Representatives itself, and the Independent National Electoral Commission (INEC) as defendants. The party seeks several court declarations, including:
That Ibori-Suenu’s defection from the PDP to the APC disqualifies her from continuing as a legislator.
That the Speaker, the House of Representatives, and INEC have a constitutional duty to declare her seat vacant.
Additionally, the PDP is requesting the court to issue an order compelling INEC to organize a by-election to fill the Ethiope East/West Federal Constituency seat. The party also demands that Ibori-Suenu return all salaries, allowances, and benefits received since her defection to the APC.
Through this lawsuit, the PDP seeks to reinforce constitutional provisions regarding party allegiance and legislative representation. The party argues that Ibori-Suenu’s defection violates the trust of voters who elected her under the PDP platform.
