Delta PDP Sues Hon. Ibori-Suenu Over APC Defection, Demands Seat Be Declared Vacant

The Delta State chapter of the Peoples Democratic Party (PDP) has taken legal action against Rt. Hon. Erhiatake Ibori-Suenu, the lawmaker representing Ethiope Federal Constituency in the House of Representatives. The party is seeking a court declaration to strip her of her seat following her defection to the All Progressives Congress (APC)....Read Full Article >>➤

The Lawsuit

The case, filed at the Federal High Court in Warri under suit number FHC/WR/CS/126, is spearheaded by PDP’s legal team, led by Dr. Ayo Asala SAN. The party argues that Ibori-Suenu’s defection violates Section 68 (1)(g) of the 1999 Constitution, which stipulates that a legislator must vacate their seat if they defect from the party that sponsored their election, barring certain exceptions.

The lawsuit names the following parties as defendants:

• Rt. Hon. Erhiatake Ibori-Suenu
• The Speaker of the House of Representatives
• The House of Representatives
• The Independent National Electoral Commission (INEC)

PDP’s Demands

The PDP has put forward several declarations and orders for the court’s consideration:

1. Seat Vacancy Declaration: The PDP seeks a declaration that Ibori-Suenu should immediately vacate her seat in the House of Representatives due to her defection from the PDP to the APC.
2. Speaker’s Responsibility: A declaration that the Speaker of the House, alongside INEC, is constitutionally mandated to declare her seat vacant.
3. By-election Directive: An order directing INEC to conduct a fresh election to fill the Ethiope East/West Federal Constituency seat.
4. Return of Earnings: The PDP demands that Ibori-Suenu refund all salaries, allowances, and benefits she received as a House member since the date of her defection.
5. Perpetual Injunction: The party is asking the court to permanently bar Ibori-Suenu from continuing to represent the Ethiope East/West Federal Constituency or performing any legislative duties.

Upholding the Constitution

The PDP’s legal argument hinges on the constitutional principle that legislators must maintain allegiance to the political party that sponsored their election unless exceptional circumstances exist, such as a division within the party. The party asserts that Ibori-Suenu’s actions undermine the integrity of the legislative process and the trust of her constituents.

Background and Implications

Rt. Hon. Erhiatake Ibori-Suenu, daughter of former Delta State Governor James Ibori, is a prominent political figure in the state. Her defection to the APC has sparked political tensions, with the PDP alleging betrayal and a breach of constitutional provisions.

This lawsuit highlights a growing trend of political defections and the ensuing legal battles over legislative seats in Nigeria. If the court rules in favor of the PDP, it could set a precedent for stricter enforcement of constitutional provisions regarding party loyalty.

What’s Next?

The Federal High Court in Warri is expected to deliberate on the case and provide clarity on the constitutional interpretation of Section 68 (1)(g). The outcome of this case could have far-reaching implications for lawmakers who switch political parties after elections, reaffirming the sanctity of the electoral mandate and party allegiance.

For the PDP, this case is not just about reclaiming a legislative seat—it’s a fight to uphold party discipline and the constitutional framework guiding Nigeria’s democracy……Read Full Article