PDP Heads To Court,Wants G5 Governors Seat Declared Vacant

The Peoples Democratic Party (PDP), on Thursday, commenced an action before the Federal High Court sitting Abuja, seeking to unseat the five governors who defected from the party to  the All Progressives Congress (APC).

The governors include Alhaji Murtala Nyako (Adamawa), Rotimi Amaechi (Rivers), Alhaji Magatakarda Wamakko (Sokoto), Alhaji Rabiu Kwankwaso (Kano) and Alhaji Abdulfatai Ahmed (Kwara).

Named as defendants in the suit along the five governors is the Independent National Electoral Commission (INEC).

In the action filed on behalf of the party by Dr Alex Aigbe Izinyon (SAN), the party cited Section 177 (c), 221 and 222 (c) of the Constitution of the Federal Republic of Nigeria as a ground for the court to declare them ineligible to remain in office as governor having defected to the APC.

The party wants a declaration that by the combined provisons of Section 177 (c), 221 and 222 (c) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) the second - sixth defendants who were elected under the platform of the plaintiff cannot continue to enjoy the mandate given to the plaintiff by the people / electorate of the respective states as the second - sixth defendants have defected to the All Progressive Congress (APC).   

It also wants a declaration that in the absence of any division known and recognised by law in the Plaintiff, the second - sixth defendants who were elected under the plaintiff’s platform have vacated or forfeited their seats forthwith upon their defection to the All Progressives Congress (APC).

Also the party is seeking a declaration that having combined provisions of Section 87 of the Electoral Act 2011 (as amended), Section 177 (c), 221 and 222 (c) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) the second - sixth defendants’ defection from the Plaintiff, the All Progressive Congress (APC), the offices of the second - sixth defendants have reverted to the Plaintiff.

PDP also wants the court to declare that by combined provisions of Section 177 (c), 221 and 222 (c) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) upon the defection of the second - sixth defendants’ defection from the Plaintiff, the All Progressive Congress (APC),  the mandate reverts to the deputy governor or speaker of the State Houses of Assembly of the respective states or any officer next in rank who is still a member of the Plaintiff to function and assume the office of the Governor of the respective states in question.

The party also wants a declaration that by the combined provisions of Sections 177 (c), 221 and 222 (c) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the act of defection by the second - sixth defendant from the PDP under whose platform they were elected to APC amounts to gross misconduct.

The Plaintiff also sought an order of the court mandating / directing the State Houses of Assembly of Adama, Rivers, Sokoto, Kano and Kwara states of the respective second - sixth defendants to commence impeachment proceedings against the second - sixth defendants forthwith