The Peoples Democratic Party (PDP) has approached the Federal High Court in Abuja, seeking the removal of four National Assembly members from Osun State over their defection to the All Progressives Congress (APC).
The lawmakers are Senator Francis Adenigba Fadahunsi (Osun East Senatorial District), Senator Olubiyi Oluwole Fadeyi (Osun Central Senatorial District), Omirin Emmanuel Olusanya (Atakumosa East/West and Ilesa East/West Federal Constituency), and Taofeek Abimbola Ajilesoro (Ife Central/East/North and South Federal Constituency).
In four separate suits filed on Wednesday, the PDP, through its lead counsel Raphael Oyewole, listed the legislators as first defendants in each case.
While the Senate President is joined as the second defendant in the cases against the senators, the Speaker of the House of Representatives is named as the second defendant in the suits against the two House members. The National Assembly, the Clerk of the National Assembly, and the Independent National Electoral Commission (INEC) were also listed as the third to fifth defendants, respectively.
The PDP raised six questions for the court’s determination, asking whether, under Section 68(1)(g) of the 1999 Constitution (as amended), a senator or House member who defects from the party on whose platform they were elected—without any division, merger, or faction within that party—should forfeit their legislative seat before the end of their tenure.
The party prayed the court to declare that the continued occupation of the legislative seats by the four lawmakers, after defecting from the platform on which they were elected, amounts to a breach of the Constitution and renders their seats vacant by operation of law.
It also sought an order of mandamus compelling the Senate President, Godswill Akpabio, and the Speaker of the House of Representatives, Tajudeen Abbas, to declare the seats vacant without delay. Furthermore, the PDP urged the court to direct Akpabio, Abbas, and INEC to carry out their constitutional duties by initiating the process of conducting by-elections into the affected senatorial districts and federal constituencies.
Additionally, the party asked the court to order the Clerk of the National Assembly to stop the payment of salaries, allowances, and other benefits to Fadahunsi, Fadeyi, Olusanya, and Ajilesoro.
It further prayed the court to mandate the lawmakers to refund all salaries, allowances, emoluments, and benefits they had received from the date of their resignation from the PDP up to the date of judgment, describing their continued stay in office as unlawful and in violation of Section 68(1)(g) of the Constitution.
According to the PDP, granting the reliefs sought would enforce strict compliance with Sections 68(1)(g) and 68(2) of the 1999 Constitution.
The originating summons, marked FHC/ABJ/CS/1725/2025, FHC/ABJ/CS/1728/2025, FHC/ABJ/CS/1727/2025, and FHC/ABJ/CS/1726/2025, were filed against Fadahunsi, Fadeyi, Olusanya, and Ajilesoro, respectively. The suits, filed on August 20, are yet to be assigned to a judge.
