The Peoples Democratic Party (PDP) has filed a lawsuit at the Federal High Court in Abuja, seeking to declare the seat of Senator Ned Nwoko, representing Delta North Senatorial District, vacant. This move comes after Nwoko defected from the PDP to the All Progressives Congress (APC).
The PDP, in its originating summons, argues that Nwoko's defection to the APC without any division within the PDP violates Section 68(1)(g) of the 1999 Constitution. The party is seeking several declarations and orders, including:
- Declaration of Vacancy: A declaration that Nwoko's seat is vacant due to his defection.
- By-Election: An order directing the Independent National Electoral Commission (INEC) to conduct a by-election to fill the vacant seat.
- Refund of Emoluments: An order directing Nwoko to return all salaries, allowances, and other emoluments received since his defection.
- Disqualification: A prayer seeking Nwoko's disqualification from contesting any election until he complies with the court's judgment.
The lawsuit, filed by Ayo Asala, SAN, on behalf of the PDP, names Nwoko, the Senate President, and INEC as respondents. The case is yet to be assigned to a judge for hearing.

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