Four leaders of the Imo State chapter of the Peoples Democratic Party (PDP) have approached the Federal High Court in Abuja, seeking an order for Rep. Ikenga Ugochinyere to vacate his seat following his expulsion from the party.
In a fresh lawsuit filed by their lawyer, Johnson Usman (SAN), the PDP chieftains also requested that Ugochinyere be directed to refund all salaries, allowances, and benefits received since his expulsion to the Federal Government.
Ugochinyere currently represents Ideato North and South Federal Constituency in the House of Representatives.
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The originating summons, marked FHC/ABJ/CS/358/2025, was dated February 26 and filed on February 27. The plaintiffs include Austine Nwachukwu (Imo PDP Chairman), Thankgod Okeke (PDP Ideato North LGA Chairman), Agatha Onyejisi (PDP Ward Chairman, Umuopia/Umukegwu Ward), and Carl Nwokoma (Imo PDP Vice Chairman/Orlu Zonal Chairman).
The lawsuit lists Ugochinyere, the Speaker of the House of Representatives, the PDP, and the Independent National Electoral Commission (INEC) as the 1st to 4th defendants, respectively.
The plaintiffs presented eight legal questions for determination, including whether a National Assembly member who loses party membership before completing their term automatically forfeits their seat, as stipulated under Sections 65(2)(b) and 68(1)(b) of the 1999 Constitution (as amended).
They also argued that, under Section 68(2) of the Constitution, the Speaker is legally obligated to declare Ugochinyere’s seat vacant.
Consequently, the plaintiffs asked the court to:
– Declare that Ugochinyere is no longer a National Assembly member from the date of his expulsion.
– Order the Speaker to enforce Section 68(1) and declare the seat vacant.
– Direct INEC to conduct a bye-election within 90 days to fill the vacant position.
In an affidavit, Austine Nwachukwu affirmed that Ugochinyere was a registered PDP member in Umuopia/Umukegwu Ward and was elected under the party’s platform in the 2023 elections.
Nwachukwu stated that Ugochinyere was invited by the PDP Ward Committee on September 30, 2024, to respond to allegations of anti-party activities but failed to appear. A follow-up invitation on October 7, 2024, was also ignored.
Due to his non-compliance, he was suspended by his ward on October 14, 2024, and later expelled by the PDP Ideato North LGA on December 5, 2024. The decision was communicated to the state PDP chairman and later to the party’s acting National Chairman, Umar Damagun, on December 9, 2024.
Nwachukwu emphasized that the expulsion was unanimously supported by all 27 PDP chairmen in Imo State and is not under litigation in any court.
He urged the court to rule in their favor, stating that it would serve the interests of justice, good governance, and democratic principles.
The case, filed on Thursday, is yet to be assigned to a judge.