The court also ordered the Independent National Electoral Commission to conduct a fresh election with immediate effect in the senatorial district.Aluko also ordered INEC to withdraw the certificate of return issued to the senator in 2015 and immediately conduct a fresh election to fill the vacant seat.
The judge said: “Section 68g says that a member of Senate or House of Representatives shall vacate his seat in the house if being a person whose election to the house was sponsored by another political party. “In other words, any lawmaker who defects to another political party when the party under whose platform he was elected was not undergoing any form of crisis or was not part of a merger with two or more political parties shall vacate his seat.”
The petitioners had sued Ogbuoji and INEC as 1st and 2nd defendants, asking the court to declare Ogbuoji’s seat vacant for defecting to APC when there was no crisis or division in PDP. He also said that the crisis in the party was finally resolved in July 2017 by the Supreme Court but that before then, he had resigned his membership of the party via a letter he submitted to the PDP Secretary of his Ebunwana Ward, Mrs Ragina Agwu on Jan. 27, 2017.
“It is also said that at the time of defection, there was no division or faction in PDP to warrant such defection as permitted by section 68 g of the constitution.
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