PDP takes Ibori’s daughter to court, seeks to declare her seat vacant
The Peoples Democratic Party (PDP) in Delta State has filed a lawsuit against Rt. Hon. Erhiatake Ibori-Suenu, the member representing Ethiope Federal Constituency, at the Federal High Court in Warri.
The PDP is seeking a court declaration to have her seat declared vacant following her recent defection to the All Progressives Congress (APC).
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In an originating summons filed under suit No: FHC/WR/CS/126, the PDP, represented by their lawyers led by Dr. Ayo Asala SAN, is requesting the court to interpret Section 68 (1) (g) of the 1999 Constitution and declare Ibori-Suenu’s seat vacant.
The PDP has named Hon. Erhiatake Ibori-Suenu, the Speaker of the House of Representatives, the House of Representatives, and the Independent National Electoral Commission (INEC) as defendants in the case.
The PDP is requesting the court to make the following declarations: A declaration that Ibori-Suenu, having defected from the PDP, the party that sponsored her election to the House of Representatives, to the APC, should vacate her seat immediately under the provisions of Section 68 (1) (g) of the Constitution.
A declaration that the Speaker, House of Representatives, the House itself, and INEC are constitutionally obligated to declare her seat vacant due to her defection.
An order declaring the Ethiope East/West Federal Constituency seat vacant and directing Ibori-Suenu to immediately vacate her seat.
An order of perpetual injunction restraining Ibori-Suenu from representing the Ethiope East/West Federal Constituency or performing any legislative duties, as she has lost her seat due to her defection.
An order directing INEC to conduct a fresh or by-election to fill the vacancy resulting from her defection.
An order compelling Ibori-Suenu to return all salaries, allowances, and emoluments received as a member of the House of Representatives from the date of her defection to the APC.
The PDP seeks the court’s intervention in upholding the constitutional provision regarding defections and the legitimacy of legislative representation.
