Four leaders of the Imo State chapter of the Peoples Democratic Party (PDP) have prayed the Federal High Court in Abuja to order Hon Ikenga Ugochinyere to vacate his seat, having been expelled from the party.
The chieftains, in a fresh suit filed by their lawyer, Johnson Usman (SAN) also sought an order directing the lawmaker to refund all the salaries, allowances and all emolument collected from the date of his expulsion to the federal government forthwith.
Ugochinyere is the member representing Ideato North and South Federal Constituency in the House of Representatives.
The originating summons, marked: FHC/ABJ/CS/358/2025, is dated Feb. 26 and filed Feb. 27 by Usman.
The plaintiffs are Mr Austine Nwachukwu, Imo PDP Chairman; Mr Thankgod Okeke, PDP LGA Chairman, Ideato North LGA; Mrs Agatha Onyejisi, PDP Ward Chairman of Umuopia/Umukegwu Ward in Ideato North LGA, and Mr Carl Nwokoma, Imo PDP Vice Chairman/Orlu Zonal Chairman.
They sued Ugochinyere, House of Representatives Speaker, PDP and the Independent National Electoral Commission (INEC) as 1st to 4th defendants respectively.
The chieftains sought eight questions for determination.
They want the court to determine whether by virtue of the provisions of Sections 65 (2)(b), 68(1)(b) of the 1999 Constitution (as amended), any member of the National Assembly (NASS) who has lost the membership of the political party that sponsored his election before the expiration of his term automatically loses his seat in the assembly, unless saved by the exception under that section.
“Whether by virtue of the provisions of Sections 65 (2b), 68(1)\(b) of the 1999 Constitution, the 1st defendant (Ugochinyere) who was expelled from the 3rd defendant (PDP), before the expiration of the term for which he was elected, has automatically lost his seats in the National Assembly.
“Whether by virtue of Section 68(2) of the Constitution, the 2nd defendant (Speaker) is under legal duty and obligation to declare as vacant, the seat of the Ist defendant in the House of Representatives in the National Assembly otherwise called the 10th Assembly,” among others.
They, therefore, urged the court to declare that Ugochinyere is no longer a member of NASS from the date he was expelled from the political party under which he was elected to NASS as a member of House of Representatives representing Ideato North and South Federal Constituency in Imo in the 2023 general elections.
They sought an order directing the House speaker to give effect to Section 68(1) of the 1999 Constitution pursuant to Section 68(2) of the same constitution to forthwith declare Ugochinyere’s seat vacant on the floor of the house.
They also sought an order directing INEC to organise and conduct a bye-election into the seat of the member representing Ideato North and South Federal Constituency of Imo within 90 days, among other reliefs.
In the affidavit he deposed to, Nwachukwu said he is a card carrying member and current state’s chairman of the PDP.
He said as 1st plaintiff, he had the consent and authority of the 2nd, 3rd and 4th plaintiffs to depose to the affidavit.
He said Ugochinyere, who was elected as member representing Ideato North and South Federal Constituency in the 2023 general elections on PDP’s platform, was a registered member of the party in Umuopia/Umukegwu Ward.
Nwachukwu alleged that due to his anti-party activities, Ugochinyere was invited by Umuopia/Umukegwu Ward Committee of the PDP by a letter dated Sept. 30, 2024, to appear before the Disciplinary Committee, but he failed to honour the invitation.
He said by another letter of reminder dated Oct. 7, 2024, the lawmaker was further invited to appear before the Disciplinary Committee, but also failed to honour the invitation.
The state chairman averred that Ugochinyere was suspended on Oct. 14, 2024, by his ward due to his anti-party activities.
He said his suspension by his Ward Executive Committee was communicated to the LGA Chairman, PDP Ideato North LGA of Imo on Oct. 14, 2024.
He said the Disciplinary Committee also invited him on Oct. 26, 2024, via a letter dated Oct. 19, 2024, but failed to honour the invitation.
Nwachukwu said though he was invited several times, he refused to honour the invitation of the committee.
“I know that the Disciplinary Committee found the 1st defendant liable of the allegations levelled against him that led to his suspension by his ward committee and consequently recommended his expulsion from the PDP.”
According to him, the PDP Local Government Executives of Ideato North LGA, expelled the 1st defendant from PDP on the 5th day of December, 2024 and communicated same to the state chairman of the PDP on the 5th day of December, 2024.
He said he communicated the immediate expulsion of Ugochinyere to the acting National Chairman of the PDP, Umar Damagun, on Dec. 9, 2024.
He said that all the 27 PDP chairmen in Imo identified with the decision of the members and leadership of PDP in Umuopia Ward and the Ideato North as regarding the expulsion.
“I know that by the expulsion, the 1st defendant is no longer a member of the PDP in his ward.
“I know that the expulsion of the 1st defendant from his political party is not a subject of litigation before any court,” Nwachukwu averred.
He said it is in the interest of justice, good governance and democratic tenets for the court to answer the questions raised and to grant the reliefs sought.
The case, which was filed on Thursday, is yet to be assigned to a judge.
We’ve got the edge. Get real-time reports, breaking scoops, and exclusive angles delivered straight to your phone. Don’t settle for stale news. Join LEADERSHIP NEWS on WhatsApp for 24/7 updates →
Join Our WhatsApp Channel
