LP Chieftains Seek Court Interpretation On Rep Osi’s Defection

A legal dispute has emerged at the Federal High Court, Abuja, as the 2023 Labour Party governorship candidate in Ebonyi State, Eze Oko, and party chieftain, Chief Henry Udeh, have filed a suit seeking judicial interpretation on the defection of the member representing Ohaozara, Onicha and Ivo Federal Constituency, Hon. Andy Kama Nkemkanma Osi.

In the originating summons, the plaintiffs contend that Osi, who won his seat on the platform of the Labour Party, resigned and defected on 16 July 2025—midway into the 2023–2027 legislative term.

They argue that at the time of his defection, there was no crisis or division within the Labour Party to justify leaving the party that sponsored his election, as stipulated by the 1999 Constitution (as amended).

Oko and Udeh also fault the Speaker of the House of Representatives, named as the 2nd defendant, for allegedly failing to declare Osi’s seat vacant in line with Sections 68(1)(g) and 68(2) of the Constitution.

They insist that the Speaker’s inaction violates clear constitutional provisions governing the conduct of lawmakers who abandon their parties without lawful grounds.

The suit seeks the court’s determination on whether the Speaker acted unlawfully by refusing to declare the seat vacant, whether judicial intervention is required due to the alleged constitutional breach, and whether Osi should be compelled to refund all salaries, allowances and benefits received from 16 July 2025 until judgment is delivered.

The plaintiffs are also asking the court to direct the Independent National Electoral Commission (INEC) to conduct a fresh election to fill what they describe as a vacancy created by Osi’s “voluntary resignation/defection,” citing Section 76 of the Constitution.

Their legal team cites previous judicial decisions, including Baba v INEC (2024), FBN Plc v Maiwada (2013), Kassim v Adesemowo (2021) and Aguma v APC (2021), to argue that the Constitution must be strictly applied in matters of political defection to protect the integrity of electoral mandates.

The suit is being prosecuted by a legal team led by Anderson U. Asemota, Esq., with service addresses listed for the defendants at the National Assembly Complex and for the plaintiffs at Neplus Ultra Attorneys in Abuja.

A hearing date is expected to be fixed in the coming days.