The Peoples Democratic Party (PDP) has urged the Federal High Court in Abuja to order the removal of four lawmakers representing Osun State at the National Assembly (NASS) for defecting to the All Progressives Congress (APC).
The lawmakers include two senators and two members of the House of Representatives.
They are Senator Francis Adenigba Fadahunsi, representing Osun East Senatorial District; Senator Olubiyi Oluwole Fadeyi, representing Osun Central Senatorial District; Hon. Omirin Emmanuel Olusanya, representing Atakumosa East/West and Ilesa East/West Federal Constituency; and Hon. Taofeek Abimbola Ajilesoro, representing Ife Central/East/North and South Federal Constituency.
In four separate suits filed on Wednesday by its lead counsel, Rapheal Oyewole, the PDP sued the legislators as the first defendant in each case.
While the President of the Senate is sued as 2nd defendant in the suit against the senators, the Speaker is named as 2nd defendant in the matter against the two House members.
However, the National Assembly, Clerk of NASS, and Independent National Electoral Commission (INEC) are listed as the third to fifth defendants in the suits.
The party, which sought six questions for determination, asked if whether by Section 68(1)(g) of the Constitution 1999 (as amended), a senator or House member such as the lawmakers 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 continued occupation of the legislative seat 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.
It also prayed the court to make an order of mandamus compelling the Senate President, Godswill Akpabio, and Speaker of the House of Representatives, Tajudeen Abbas, to declare their seats vacant accordingly.
The PDP urged the court to direct Akpabio, Abbas, and INEC to discharge their constitutional duties as provided by the law by declaring the seats vacant and initiating processes for conducting bye-elections in the vacant seats in the senatorial districts and constituencies.
The party 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 unlawfully retained a legislative seat in violation of Section 68(1)(g) of the 1999 Constitution.
