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The Peoples Democratic Party (PDP) in Delta State has filed a legal suit against Rt. Hon. Erhiatake Ibori-Suenu, the current representative of the Ethiope Federal Constituency, at the Federal High Court in Warri.
The party is asking the court to declare her seat vacant after her recent defection to the All Progressives Congress (APC).
The legal action, filed under suit No: FHC/WR/CS/126, was presented by PDP’s legal team, led by Dr. Ayo Asala SAN.
The party is requesting the court to interpret Section 68(1)(g) of the 1999 Constitution, which addresses the issue of defections, and subsequently declare Ibori-Suenu’s seat vacant.
The defendants in the case include Ibori-Suenu herself, the Speaker of the House of Representatives, the House of Representatives, and the Independent National Electoral Commission (INEC).
The PDP is seeking the following reliefs:
1. A declaration that Ibori-Suenu, having defected from the PDP (the party that sponsored her election) to the APC, should vacate her seat under the provisions of Section 68(1)(g) of the Constitution.
2. A declaration that the Speaker, the House of Representatives, and INEC are constitutionally required to declare her seat vacant due to her defection.
3. An order declaring the Ethiope East/West Federal Constituency seat vacant and instructing Ibori-Suenu to immediately vacate her seat.
4. A permanent injunction barring Ibori-Suenu from representing the constituency or carrying out any legislative duties, as her defection has rendered her seat vacant.
5. An order directing INEC to conduct a by-election to fill the vacancy created by her defection.
6. An order requiring Ibori-Suenu to refund all salaries, allowances, and other benefits she received as a member of the House of Representatives from the date of her defection.
Through this legal action, the PDP is seeking to enforce constitutional provisions concerning defections and ensure the legitimacy of legislative representation in the National Assembly.
