The Peoples Democratic Party has asked the Federal High Court in Abuja to order the removal of four lawmakers representing Osun State at the National Assembly for defecting to the All Progressives Congress.
The lawmakers include two senators and two members of the House of Representatives.
They are: Senator Francis Adenigba Fadahunsi, representing Osun East Senatorial District; Senator Olubiyi Oluwole Fadeyi, representing Osun Central Senatorial District; Omirin Emmanuel Olusanya, representing Atakumosa East/West and Ilesa East/West Federal Constituency; and Taofeek Abimbola Ajilesoro, representing Ife Central/East/North and South Federal Constituency.
The PDP, in four separate suits filed on Wednesday by its lead counsel, Raphael Oyewole, sued the legislators as first defendants in each case.
While the Senate President is listed as second defendant in the cases against the senators, the Speaker of the House of Representatives is named as second defendant in the suits against the two House members.
The National Assembly, the Clerk of the National Assembly, and the Independent National Electoral Commission are joined as the third to fifth defendants, respectively.
The party, raising six questions for determination, asked the court to decide whether, by virtue of Section 68(1)(g) of the 1999 Constitution (as amended), a senator or House member who defects from the political party on whose platform they were elected—without any division, merger or faction within that party—should forfeit their legislative seat before the end of their tenure.
The PDP, therefore, prayed the court to declare that the continued occupation of the legislative seats by the four lawmakers, having defected from the party on whose platform they were elected, without meeting the express requirements of Section 68(1)(g) of the Constitution, amounts to a breach of the Constitution and renders their seats vacant by operation of law.
It further asked the court for an order of mandamus compelling the Senate President, Godswill Akpabio, and the Speaker of the House of Representatives, Tajudeen Abbas, to immediately declare the seats vacant.
The party also urged the court to direct Akpabio, Abbas and INEC to perform their constitutional duties by declaring the seats vacant and initiating processes for the conduct of by-elections into the affected senatorial districts and constituencies.
Additionally, the PDP sought an order directing the Clerk of the National Assembly to withdraw all entitlements and stop the payment of salaries, allowances and benefits to Fadahunsi, Fadeyi, Olusanya and Ajilesoro.
It also prayed the court to order the lawmakers to refund all salaries, allowances, emoluments and benefits received from the date of their resignation from the PDP up to the date of judgment, having allegedly retained their seats unlawfully in violation of Section 68(1)(g) of the Constitution.
The PDP said the reliefs sought would ensure strict compliance with Sections 68(1)(g) and 68(2) of the Constitution of the Federal Republic of Nigeria.
The originating summons, marked FHC/ABJ/CS/1725/2025, FHC/ABJ/CS/1728/2025, FHC/ABJ/CS/1727/2025 and FHC/ABJ/CS/1726/2025, were filed against Fadahunsi, Fadeyi, Olusanya and Ajilesoro, respectively. The suits, filed on August 20, are yet to be assigned to a judge.
Recall that the Osun State chapter of the PDP recently dragged Rep. Oluwole Oke, the lawmaker representing Obokun/Oriade Federal Constituency, before Justice Emeka Nwite over his defection to the APC.
The party said it would continue to invoke the provisions of Section 68(1)(g) of the Constitution, which bars legislators from defecting from the political party under which they were elected during their tenure, except under specified conditions.
(Punch)