The Peoples Democratic Party (PDP) 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 (APC).
The lawmakers include two senators and two members of the House of Representatives.
The federal awmakers include Senator Francis Adenigba Fadahunsi, Osun East; Senator Olubiyi Oluwole Fadeyi, Osun Central; Hon. Omirin Emmanuel Olusanya, Atakumosa East/West and Ilesa East/West Federal Constituency, and Hon. 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, Rapheal Oyewole, dragged the lawmakers to the court as 1st defendant in each of the case.
The President of the Senate is the 2nd defendant in the suit against the senators while the Speaker of House of Representatives was named as 2nd defendant in the matter against the two Rep members.
However, the National Assembly, Clerk of NASS and Independent National Electoral Commission (INEC) were listed as 3rd to 5th defendants in the suits respectively.
The party, which sought six questions for determination, asked if whether by virtue of Section 68(1)(g) of the 1999 Constitution (as amended), a senator or House member are not liable to forfeit their legislative seat after resigning the membership of the plaintiff political party on whose platform they were elected before the end of the term for which they were elected, devoid of any division, merger and/or faction in the plaintiff political party.
The PDP, therefore, prayed the court to declare that the lawmakers’ continued occupation of the legislative seats 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 rendered their seats vacant by operation of law.
It also prayed the court to make an order of mandamus compelling the Senate President, Godswill Akpabio, and Speaker, House of Representatives, Tajudeen Abbas, to forthwith declare their seats vacant accordingly.
The PDP urged the court to direct Akpabio, Abbas and the Independent National Electoral Commission (INEC) to discharge their constitutional duties as provided by the law by declaring the seats vacant and initiating processes for the conduct of by-elections into the vacant seats in the senatorial districts and constituencies.
The party further sought an order directing the Clerk of the National Assembly (NASS) to withdraw all entitlements and stop payments of salaries, allowances, including benefits to Fadahunsi, Fadeyi, Olusanya and Ajilesoro.
It equally sought an order directing the embattled lawmakers to refund all salaries, emoluments, benefits and allowances received from the date of their resignation from PDP to the date of judgment, having allegedly unlawfully retained legislative seats in violation of Section 68(1)(g) of the 1999 Constitution.
