Babatunji Wusu –
- Marvis Ossai, a member of the People’s Democratic Party (PDP), has petitioned the Federal High Court to declare the Delta North Senatorial seat vacant after Senator Ned Nwoko’s defection to the All Progressives Congress (APC).
- Ossai’s suit requests the removal of Nwoko, who was elected under the PDP platform, and seeks a by-election to be conducted by the Independent National Electoral Commission (INEC) within 60 days.
- Ossai also seeks the cancellation of Nwoko’s Certificate of Return and requests that he refund all salaries and allowances received since January 2025.
- The suit is yet to be assigned to a judge for hearing.
On Monday, Marvis Ossai, a member of the People’s Democratic Party (PDP), approached the Federal High Court in Abuja, urging the court to declare the Delta North Senatorial seat vacant following the defection of Senator Ned Nwoko to the All Progressives Congress (APC). Ossai filed the suit, marked FCH/ABJ/CS/325/2025, requesting Nwoko’s removal from office, as he had defected from the political party on whose platform he was elected into the Senate.
In his suit, Ossai has called on the court to direct the Independent National Electoral Commission (INEC) to organize a by-election for the Delta North Senatorial District seat within 60 days of the judgment. INEC, the PDP, the Senate, and Nwoko are listed as defendants in the matter.
Through his legal team led by Johnmary Jideobi, Ossai has asked the court to determine several key issues. These include an order directing INEC to conduct a by-election within 60 days and declaring Nwoko’s seat vacant, thus invalidating his Certificate of Return issued by INEC. Additionally, Ossai has called for Nwoko to refund all salaries, emoluments, and allowances he has received since January 2025, up until the date of final judgment.
Ossai also seeks an order disqualifying Nwoko from running for any elective position under the amended 1999 Constitution of Nigeria unless he complies with the court’s judgment. The plaintiff has further requested that the Senate give immediate effect to the court’s decision.
The legal action, supported by a five-paragraph affidavit sworn by Ibrahim Isa, states that Nwoko resigned from the PDP on January 30, 2025, despite being elected to represent the Delta North Senatorial District until 2027. According to Ossai, Nwoko’s continued stay in office after his defection constitutes a violation of the constitution. The affidavit further argues that Nwoko’s actions undermine the PDP’s interests and political philosophy, as well as the electoral mandate given to him in 2023.
Ossai contends that Nwoko’s defection has harmed the PDP and encouraged what he describes as “political harlotry” and “legislative rascality.” The plaintiff emphasizes that Nwoko no longer represents the interests of the constituents who voted for him under the PDP platform.
At this stage, the suit has yet to be assigned to a judge for hearing.
