A suit seeking to declare vacant the seat of the member representing Ideato North/South Federal Constituency of Imo State in the House of Representatives, Hon. Ikenga Ugochinyere, has been uncovered in the Federal High Court, Abuja Judicial Division.
The suit, with No. FHC/Abj/cs/28/1/2025, dated February 18, 2025, was filed by one Hon. Augustine Nwachukwu, who is the Imo State chairman of the PDP; Hon. ThankGod Okeke, and three others believed to be supporters and loyalists of FCT Minister Nyesom Wike.
In the court documents made available to journalists in Abuja on Friday, the plaintiffs sought the determination of the following questions: “Whether by virtue of the provisions of Sections 65 (2)(b), 68(1)(b) of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended), any member of the National Assembly who has lost the membership of the political party that sponsored his election into the National Assembly, before the expiration of the term for which he was elected automatically loses his seat in the Assembly, unless saved by the exception under that section. Whether by virtue of the provisions of Sections 65 (2)(b), 68(1)(b) of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended), the 1st Defendant who was expelled from the 3rd Defendant (the political party that sponsored his election as a member of the National Assembly), before the expiration of the term for which he was elected, has automatically lost his seats in the National Assembly.”
However, reacting to the development, a pro-democracy advocacy group, Human Rights Writers Association of Nigeria (HURIWA), in a statement by its National Coordinator, Comrade Emmanuel Onwubiko, described the suit laughable, baseless, saying that the application was not backed by any known law or judicial precedent in Nigeria.
The group flayed the desperate actions Plaintiffs, trying one way or another, endlessly to disregard the rule of law and democracy.
HURIWA wondered why grown adults who are fully knowledgeable of the content of political parties’ constitution and the nation’s constitution will craft up a funny suit to declare vacant a serving lawmaker’s seat on imaginary ground of a non-existing kangaroo suspension which is not even a ground for declaring a seat vacant.
The group warned political actors to stop wasting tax payers’ money, and using the sacred judiciary for embarrassing projects, adding that the suit was dead on arrival.
HURIWA said, “The suit filled by pro-Wike group lawyer called JJ Usman, SAN, using followers of the sacked pro-Wike backed PDP national secretary Samuel anyawu as plaintiffs is seeking the impossible and ridiculous prayer of asking the court to declare the seat of ideato rep Ikenga Imo Ugochinyere who didn’t even decamp from the party which he was elected.
“How do you wake up and seek for the seat of a serving lawmaker who is still a member of his party to be declared vacant on a imaginary ground of a non existing kangaroo suspension which is not even a ground for declaring a seat vacant. The hatred of pro wike group who are not happy over the hard stance of ikenga on the issues of the illegal decampment of the sacked pro wike lawmakers, support to fubara and his strong opposition against the sacked Wike agent called Samuel Anyanwu parading is national secretary keeps pushing the wike group to engaging in different ridiculous illegal attempt to attack ikenga whose advocacy against the illegalities of the wike group keeps getting commendation from numerous Nigerians.
“The suit which was strangely filled by a controversial SAN who should know the law better is an embarrassment and attempt to ridicule our judiciary. HUIRWA is alerting the Nigerian public of another absurdity from the Wike camp been coordinatored by the sacked PDP national secretary using his lawyer JJ Usman and their political house boys Austin nwachukwu a Labour Party member parading as PDP state chairman and other political clowns as plaintiffs.
“Like we said before, it’s time to stop wasting tax payers’ money. Former Rivers State House of Assembly lawmakers decamped on their own on the floor of the House of Assembly, they swore an affidavit in court to back their decampment, they were received by APC in a rally for decampment and handed over the APC flag.
“Their seats remain vacant because in line with the law they defected to APC and are no longer members of the Peoples Democratic Party (PDP) and there are many valid rulings of High Court that have restrained them from illegally parading as lawmakers. Also, Samuel Anyanwu is no longer the National Secretary of Peoples Democratic Party, no amount of restlessness and baseless plots will change that.”
