Defection: PDP Asks Court to Declare Akwa Ibom South Senatorial District Seat Vacant

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APC VS PDP

Tobi Soniyi

The Peoples Democratic Party (PDP) thursday asked a Federal High Court in Abuja to order the senator representing Akwa Ibom South senatorial district in the National Assembly, Chief Nelson Asuquo Effiong, to vacate his seat following his defection to the All Progressives Congress (APC).

The party, alongside 15 other chieftains of the party in the state through their counsel, G.A Umoh had in an originating summons marked FHC/ABJ/05/61/2017 asked the court to declare that Effiong had lost his membership with effect from January 19, 2017 pursuant to Section 68(1)(g) of the Constitution having now become a member of APC before the expiration of the period for which he was elected into the Senate on the platform of PDP.
Cited as the second defendant is the Senate President, Senator Bukola Saraki.

The plaintiffs also want the court to declare the Akwa Ibom South senatorial district seat in the National Assembly vacant pursuant to Section 68(1)(g) of the 1999 Constitution same having been vacated by the operation of law by the 1st defendant by reason of his becoming member of APC before the expiration of the period for which he was elected into the Senate on the platform of PDP.

The plaintiffs also pray the court for an order directing the Senate President to declare the seat of Akwa Ibom South senatorial district in the National Assembly vacant pursuant to Section 68(1)(g) of the 1999 Constitution same having been vacated by the operation of law by the 1st defendant by reason of his becoming member of APC before the expiration of the period for which he was elected into the Senate on the platform of PDP‎.

The plaintiffs also want the court to make an interlocutory injunction restraining the first defendant from parading himself as the Senator representing Akwa Ibom South senatorial district in the National Assembly.

In addition, they ask the court to make an interlocutory injunction restraining the second defendant from further recognition of the first defendant as the senator representing Akwa Ibom South senatorial district in the National Assembly.

Earlier, the plaintiffs have asked the court to determine whether the first defendant has not lost his membership with from January 19, 2017 as the senator representing Akwa Ibom South senatorial district in the National Assembly pursuant pursuant to Section 68(1)(g) of the 1999 Constitution same having been vacated by the operation of law by the 1st defendant by reason of his becoming member of APC before the expiration of the period for which he was elected into the Senate on the platform of PDP‎.

When the matter came up yesterday, the defendants were not in court and were not represented by counsel.
The trial judge, Justice John Tsoho later fixed May 11 for hearing.


Culled from here

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