The Peoples Democratic Party (PDP) has approached the Federal High Court in Abuja seeking the removal of four lawmakers from Osun State over their defection to the All Progressives Congress (APC).
In four separate suits dated August 20 and filed by its counsel, Raphael Oyewole, the PDP asked the court to declare the seats of the lawmakers vacant in line with the provisions of the 1999 Constitution.
Those affected are Senator Francis Fadahunsi (Osun East), Senator Olubiyi Oluwole Fadeyi (Osun Central), Rep. Omirin Olusanya (Atakumosa East/West and Ilesa East/West Federal Constituency), and Rep. Taofeek Ajilesoro (Ife Central/East/North and South Federal Constituency).
The party contends that the lawmakers, having abandoned the platform on which they were elected, cannot lawfully retain their seats. In 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, the legislators were sued as first defendants.
While the Senate President is joined as the second defendant in the cases involving the senators, the Speaker of the House of Representatives is named as second defendant in the suits against the two members of the House. The National Assembly, the Clerk of the National Assembly and the Independent National Electoral Commission (INEC) are listed as third to fifth defendants in all the suits.
The PDP raised six questions for determination, including whether by virtue of Section 68(1)(g) of the 1999 Constitution (as amended), any lawmaker who resigns membership of the party on whose platform he was elected, without any division or merger within that party, is not bound to lose his seat.
It therefore prayed the court to declare the continued occupation of the legislative seats by the four lawmakers unconstitutional, and to rule that their seats became vacant upon their defection.
The party further sought an order of mandamus compelling Senate President Godswill Akpabio and House Speaker Tajudeen Abbas to immediately declare the seats vacant. It also asked the court to direct INEC to conduct bye-elections to fill the affected constituencies.
In addition, the PDP requested an order directing the Clerk of the National Assembly to halt all payments of salaries, allowances and benefits to the lawmakers, and to compel them to refund all emoluments they have collected since leaving the PDP.
“The continued occupation of the legislative seats by the four lawmakers after defecting from the party on whose platform they were elected, without satisfying the express provision under Section 68(1)(g) of the 1999 Constitution, constitutes a breach of the constitution and renders their seats vacant by operation of law,” the PDP stated in its filings.
The party said granting the reliefs would ensure strict compliance with Sections 68(1)(g) and (2) of the Constitution.
As at the time of filing this report, the cases are yet to be assigned to a judge.
It will be recalled that the Osun State chapter of the PDP had recently dragged another lawmaker, Rep. Oluwole Oke of Obokun/Oriade Federal Constituency, before Justice Emeka Nwite over his defection to the APC, insisting on enforcing the constitutional provision against cross-carpeting.