The Peoples Democratic Party (PDP) has asked the Federal High Court in Abuja to order the removal of four federal lawmakers from Osun state over their defection to the All Progressives Congress (APC).
The lawmakers are Senators Francis Fadahunsi (Osun East) and Olubiyi Fadeyi (Osun Central), as well as House of Representatives members Taofeek Ajilesoro (Ife Federal Constituency) and Omirin Olusanya (Atakumosa/Ilesa Federal Constituency).
The suits, filed separately on August 20 by Raphael Oyewole, counsel to the PDP, seek to enforce Section 68(1)(g) of the 1999 Constitution, which bars lawmakers from retaining their seats after defecting from the party under which they were elected — unless the party is factionalised.
The PDP is asking the court to declare that the lawmakers’ seats became vacant from the moment they resigned from the party, since there was no merger, division or faction in the PDP to justify their defection.
The Senate President, Godswill Akpabio, and Speaker of the House of Representatives, Tajudeen Abbas, were joined as 2nd defendants in the suits concerning the senators and House members, respectively.
The National Assembly, the Clerk of the Assembly, and the Independent National Electoral Commission (INEC) are also listed as 3rd to 5th defendants in the suits.
The party is seeking an order of mandamus compelling Akpabio and Abbas to declare the seats vacant, and another directing INEC to commence the process of conducting bye-elections into the affected constituencies.
It also wants the court to order the National Assembly clerk to stop the payment of salaries and allowances to the lawmakers, and to retrieve all earnings they received from the date they left the PDP.
The PDP insisted the suits are to enforce constitutional provisions and ensure defectors are held accountable for violating the terms of their mandate.
The cases are yet to be assigned to a judge.
This comes after the Osun PDP earlier dragged Oluwole Oke, the member representing Obokun/Oriade federal constituency, before Justice Emeka Nwite over a similar defection to the APC.
The party said it would continue to enforce Section 68(1)(g) of the Constitution against all lawmakers who abandon the platform on which they were elected.