A legal battle has erupted over Senator Ned Nwoko’s recent defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC), with a PDP member urging the Federal High Court in Abuja to declare his Delta North Senatorial seat vacant.
The suit, filed by Marvis Ossai through his lawyer Johnmary Jideobi, contends that Nwoko’s departure from the PDP on January 30 nullifies his legitimacy as the elected representative.
The plaintiff argues that Nwoko’s continued presence in the Senate, despite his defection, violates the constitutional mandate and undermines the trust of the voters who elected him under the PDP banner. According to the suit, the ideological divergence between the PDP and the APC is so stark that Nwoko’s defection effectively nullifies the basis on which he was elected.
In addition to seeking a declaration that the seat be declared vacant, the plaintiff has asked the court to direct the Independent National Electoral Commission (INEC) to hold a by-election for the Delta North Senatorial District within 60 days of the judgment. The suit also calls for the cancellation of the Certificate of Return issued to Nwoko.
Further reliefs sought include an order for Senator Nwoko to refund all salaries, emoluments, and allowances received since January 2025 to the Consolidated Revenue Fund of the Federation. The plaintiff also requests that Nwoko be disqualified from contesting any future elective office until he complies with the court’s final judgment.