The Peoples Democratic Party (PDP) yesterday urged the Federal High Court in Abuja to order the removal of four lawmakers representing Osun State in the National Assembly for defecting to the All Progressives Congress (APC).

The PDP made the application in four separate suits, dated August 20 and filed by its counsel, Rapheal Oyewole.

The News Agency of Nigeria (NAN) reports that the lawmakers include two senators and two members of the House of Representatives.

They are: Senator Francis Fadahunsi, representing Osun East Senatorial District; Senator Olubiyi Oluwole Fadeyi (Osun Central); Omirin Olusanya, representing Atakumosa East/West and Ilesa East/West Federal Constituency in the House of Representatives, and Taofeek Ajilesoro, representing Ife Central/East/North and South Federal Constituency in the House of Representatives.

The plaintiff had, in the originating summons, sued Fadahunsi, Fadeyi, Olusanya, and Ajilesoro as the first defendants in each of the cases.

While the Senate President is sued as the second defendant in the suit against the senators, the House of Representatives Speaker is named the second defendant in the matter against the two House members.

The National Assembly, its Clerk, and the Independent National Electoral Commission (INEC) are listed as third to fifth defendants in the suits.

The PDP, which sought six questions for determination, asked if by virtue of Section 68(1)(g) of the Constitution 1999 (as amended), a senator or House member, like the lawmakers, are not liable to forfeit their legislative seats after resigning the membership of the plaintiff political party on whose platform they were elected, before the end of the term for which they were elected, devoid of any division, merger and/or faction in the plaintiff political party.

The party prayed the court to declare that the continued occupation of the legislative seats by the four lawmakers, after defecting from the party on whose platform they were elected, without satisfying the express provision under Section 68(1)(g) of the 1999 Constitution, constitutes a breach of the constitution and renders their seats vacant by operation of law.

It also prayed the court to make an order of mandamus compelling Senate President Godswill Akpabio and House of Representatives Speaker Tajudeen Abbas, to, forthwith, declare their seats vacant accordingly.

The PDP urged the court to direct Akpabio, Abbas, and the INEC to discharge their constitutional duties, as provided by the law, by declaring the seats vacant and initiating processes for the conduct of by-elections into the vacant seats in the senatorial districts and constituencies.

The party sought an order directing the Clerk of the National Assembly (NASS) to withdraw all entitlements and stop payments of salaries, allowances, including benefits to Fadahunsi, Fadeyi, Olusanya, and Ajilesoro.

It equally sought an order directing the embattled lawmakers to refund all salaries, emoluments, benefits and allowances received from the date of their resignation from PDP to the date of judgment, having unlawfully retained a legislative seat in violation of Section 68(1)(g) of the 1999 Constitution.

The PDP said the court decision would be in strict compliance with Section 68(1)(g) and (2) of the Constitution of the Federal Republic of Nigeria.

Meanwhile, the suits are yet to be assigned to a judge.

It would be recalled that the Osun State PDP chapter had, recently, dragged Rep Oluwole Oke, the lawmaker representing Obokun/Oriade Federal Constituency of the state, before Justice Emeka Nwite over his defection to the APC.

The state?s party had continued to activate the provisions of the constitution as contained in Section 68(1)(g), which borders on defection of legislators during the term for which they were elected. (THE NATION)

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