The Peoples Democratic Party (PDP) on Thursday urged the Federal High Court in Abuja to sack Sen. Nelson Effiong representing Akwa Ibom South Senatorial District over his defection to APC.
The party alongside 15 other of its Chieftains had in an Originating Summons marked FHC/ABJ/05/61/2017 asked the court to declare the seat vacant.
The Plaintiff’s counsel, Mr Godwin Umoh argued that Effiong lost his membership with effect from Jan. 19 pursuant to Section 68 (1) (g) of the Constitution having become a member of the ruling party.
They further submitted that Effiong’s removal as a senator had become apt because he (Effiong) had left the party before the expiration of the period for which he was elected.
The News Agency of Nigeria (NAN) reports that the Senate President, Bukola Saraki was listed as the second defendant.
The plaintiffs urged the court to declare that the seat of Akwa Ibom South Senatorial District in the National Assembly is vacant pursuant to Section 68 (1) (g) of the 1999 constitution.
The plaintiffs also prayed 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 Constitution.
The plaintiffs had also demanded for an interlocutory injunction restraining the first defendant (Effiong) from parading himself as the senator representing the district.
They want the court to make another interlocutory injunction restraining the second defendant (Saraki) from recognising the first defendant (Effiong) as senator representing the district.
The plaintiffs had also asked the court to determine whether the first defendant had not lost his membership of the PDP when he defected to APC on Jan. 19.
NAN, however, reports that neither the defendants nor their counsel were in court when the matter was entertained.
The Presiding Judge, Justice John Tsoho subsequently adjourned the case until May 11 for hearing.