PDP asks court to dismiss Ugochinyere over expulsion

Leaders of the Imo Chapter of the Peoples Democratic Party (PDP) have asked the Federal High Court in Abuja to order Rep Ikenga Ugochinyere to vacate his seat, having been expelled from the party.

The chieftains, in a fresh suit filed by their lawyer, Johnson Usman, SAN, also sought an order directing the embattled lawmaker to refund all the salaries, allowances and all emoluments collected from the date of his expulsion to the Federal Government forthwith.

Ugochinyere represents Ideato North and South Federal Constituency in the House of Representatives.

The plaintiffs, Mr Austine Nwachukwu, Imo PDP Chairman; Mr Thankgod Okeke, PDP LGA Chairman, Ideato North LGA; Mrs Agatha Onyejisi, PDP Ward Chairman of Umuopia/Umukegwu Ward in Ideato North LGA, and Mr Carl Nwokoma, Imo PDP Vice Chairman/Orlu Zonal Chairman, in their originating summons, marked: FHC/ABJ/CS/358/2025 and filed on February 27 by Usman joined Ugochinyere, House of Representatives Speaker, PDP and the Independent National Electoral Commission (INEC) as 1st to 4th defendants respectively.

The chieftains want the court to determine whether by virtue of the provisions of Sections 65 (2)(b), 68(1)(b) of the 1999 Constitution (as amended), any member of the National Assembly (NASS) who has lost the membership of the political party that sponsored his election before the expiration of his term automatically loses his seat in the assembly, unless saved by the exception under that section.

“Whether by virtue of the provisions of Sections 65 (2b), 68(1)\(b) of the 1999 Constitution, the 1st defendant (Ugochinyere) who was expelled from the 3rd defendant (PDP), before the expiration of the term for which he was elected, has automatically lost his seats in the National Assembly.

“Whether by virtue of Section 68(2) of the Constitution, the 2nd defendant (Speaker) is under legal duty and obligation to declare as vacant, the seat of the Ist defendant in the House of Representatives in the National Assembly otherwise called the 10th Assembly,” among others.

They, therefore, urged the court to declare that Ugochinyere is no longer a member of NASS from the date he was expelled from the political party under which he was elected to NASS as a member of House of Representatives representing Ideato North and South Federal Constituency in Imo in the 2023 general elections.

They sought an order directing the House speaker to give effect to Section 68(1) of the 1999 Constitution pursuant to Section 68(2) of the same constitution to forthwith declare Ugochinyere’s seat vacant on the floor of the house as well an order directing INEC to organise and conduct a bye-election into the seat of the member representing Ideato North and South Federal Constituency of Imo within 90 days, among other reliefs.

In the affidavit he deposed to, Nwachukwu said he is a card-carrying member and current state’s chairman of the PDP, adding also that, as 1st plaintiff, he had the consent and authority of the 2nd, 3rd and 4th plaintiffs to depose to the affidavit.

He said Ugochinyere, who was elected as member representing Ideato North and South Federal Constituency in the 2023 general elections on PDP’s platform, was a registered member of the party in Umuopia/Umukegwu Ward.

Nwachukwu alleged that due to his anti-party activities, Ugochinyere was invited by Umuopia/Umukegwu Ward Committee of the PDP by a letter dated September 30, 2024, to appear before the Disciplinary Committee, but he failed to honour the invitation.

He said by another letter of reminder dated October 7, 2024, the lawmaker was further invited to appear before the Disciplinary Committee, but also failed to honour the invitation and averred that Ugochinyere was suspended on October 14, 2024, by his ward due to his anti-party activities.

The suit, which was filed on Thursday has not been assigned to any judge.