This case revolves around the legal challenge to the continued occupancy of a House of Representatives seat by Ikenga Ugochinyere, representing Ideato North and South Federal Constituency, Imo State. Four leaders of the People’s Democratic Party (PDP) in Imo State have initiated legal proceedings at the Federal High Court in Abuja seeking Ugochinyere’s removal from the National Assembly and the recovery of all salaries, allowances, and emoluments he has received since his alleged expulsion from the party. The crux of their argument rests on the premise that Ugochinyere’s expulsion from the PDP automatically invalidates his membership in the House of Representatives, as he was elected under the party’s platform.
The plaintiffs, comprising the Imo State PDP Chairman, Austine Nwachukwu, and three other party officials, contend that Ugochinyere’s continued presence in the House is a violation of Sections 65(2)(b) and 68(1)(b) of the 1999 Constitution. These sections stipulate that a National Assembly member who ceases to be a member of the party that sponsored their election loses their seat, unless specific constitutional exceptions apply. The plaintiffs argue that Ugochinyere’s situation does not fall under any of these exceptions. They further assert that the Speaker of the House of Representatives is obligated, under Section 68(2) of the Constitution, to declare Ugochinyere’s seat vacant.
The plaintiffs’ lawsuit, filed on February 27, 2025, names Ugochinyere, the Speaker of the House of Representatives, the PDP, and the Independent National Electoral Commission (INEC) as defendants. They are seeking a court declaration that Ugochinyere is no longer a member of the National Assembly due to his expulsion from the PDP. Additionally, they seek a court order directing the Speaker to declare his seat vacant immediately and instructing INEC to conduct a bye-election for the Ideato North and South Federal Constituency seat within 90 days.
In the affidavit supporting the suit, Nwachukwu detailed the events leading to Ugochinyere’s expulsion from the PDP. He alleges that Ugochinyere engaged in anti-party activities and failed to respond to multiple invitations from his ward’s disciplinary committee in 2024. This led to his suspension on October 14, 2024, and subsequent expulsion by the PDP Local Government Executive in Ideato North on December 5, 2024. Nwachukwu further claims that the expulsion was ratified by all 27 PDP chairmen in Imo State and communicated to the acting National Chairman of the PDP on December 9, 2024.
Nwachukwu emphasizes that Ugochinyere’s expulsion is not being contested in any other court and urges the Federal High Court to grant the reliefs sought in the interest of justice and good governance. The plaintiffs’ arguments raise significant questions about the legal implications of party membership for elected officials and the interpretation of constitutional provisions related to legislative representation. The case is likely to set a precedent regarding the circumstances under which a lawmaker can be removed from office due to party expulsion.
The outcome of this case will have far-reaching implications for Nigerian politics. It will clarify the relationship between political parties and their elected representatives, as well as the powers of the Speaker of the House to declare a seat vacant. The case will also test the effectiveness of internal party disciplinary mechanisms and their impact on legislative representation. The court’s decision will undoubtedly shape the political landscape in Imo State and potentially influence future legislative elections and party dynamics across the country. As of the filing date, no hearing date has been set by the court. The legal battle promises a detailed examination of the constitutional provisions and the interplay between party affiliations and legislative membership.
