PDP asks court to sack four Osun lawmakers over defection
- Local News
- 24.08.2025
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PDP asks court to sack four Osun lawmakers over defection
The Peoples Democratic Party has asked the Federal High Court in Abuja to order the removal of four lawmakers representing Osun State at the National Assembly for defecting to the All Progressives Congress.
The lawmakers include two senators and two members of the House of Representatives.
They are: Senator Francis Adenigba Fadahunsi, representing Osun East Senatorial District; Senator Olubiyi Oluwole Fadeyi, representing Osun Central Senatorial District; Omirin Emmanuel Olusanya, representing Atakumosa East/West and Ilesa East/West Federal Constituency; and Taofeek Abimbola Ajilesoro, representing Ife Central/East/North and South Federal Constituency.
The PDP, in four separate suits filed on Wednesday by its lead counsel, Raphael Oyewole, sued the legislators as first defendants in each case.
While the Senate President is listed as second defendant in the cases against the senators, the Speaker of the House of Representatives is named as second defendant in the suits against the two House members.
The National Assembly, the Clerk of the National Assembly, and the Independent National Electoral Commission are joined as the third to fifth defendants, respectively.
The party, raising six questions for determination, asked the court to decide whether, by virtue of Section 68(1)(g) of the 1999 Constitution (as amended), a senator or House member who defects from the political party on whose platform they were elected—without any division, merger or faction within that party—should forfeit their legislative seat before the end of their tenure.
The PDP, therefore, prayed the court to declare that the continued occupation of the legislative seats by the four lawmakers, having defected from the party on whose platform they were elected, without meeting the express requirements of Section 68(1)(g) of the Constitution, amounts to a breach of the Constitution and renders their seats vacant by operation of law.
It further asked the court for an order of mandamus compelling the Senate President, Godswill Akpabio, and the Speaker of the House of Representatives, Tajudeen Abbas, to immediately declare the seats vacant.
The party also urged the court to direct Akpabio, Abbas and INEC to perform their constitutional duties by declaring the seats vacant and initiating processes for the conduct of by-elections into the affected senatorial districts and constituencies.
Additionally, the PDP sought an order directing the Clerk of the National Assembly to withdraw all entitlements and stop the payment of salaries, allowances and benefits to Fadahunsi, Fadeyi, Olusanya and Ajilesoro.
It also prayed the court to order the lawmakers to refund all salaries, allowances, emoluments and benefits received from the date of their resignation from the PDP up to the date of judgment, having allegedly retained their seats unlawfully in violation of Section 68(1)(g) of the Constitution.
The PDP said the reliefs sought would ensure strict compliance with Sections 68(1)(g) and 68(2) of the Constitution of the Federal Republic of Nigeria.
The originating summons, marked FHC/ABJ/CS/1725/2025, FHC/ABJ/CS/1728/2025, FHC/ABJ/CS/1727/2025 and FHC/ABJ/CS/1726/2025, were filed against Fadahunsi, Fadeyi, Olusanya and Ajilesoro, respectively. The suits, filed on August 20, are yet to be assigned to a judge.
Recall that the Osun State chapter of the PDP recently dragged Rep. Oluwole Oke, the lawmaker representing Obokun/Oriade Federal Constituency, before Justice Emeka Nwite over his defection to the APC.
The party said it would continue to invoke the provisions of Section 68(1)(g) of the Constitution, which bars legislators from defecting from the political party under which they were elected during their tenure, except under specified conditions.
According to court documents filed by the PDP through its counsel, Rapheal Oyewole, the applications were submitted as four separate suits naming the affected legislators and asking the court to declare their seats vacant and order appropriate remedies under the Constitution and electoral law.
The lawmakers named in the suits include Senators Francis Fadahunsi (Osun East) and Olubiyi Oluwole Fadeyi (Osun Central), as well as Representatives Omirin Olusanya (Atakumosa East/West and Ilesa East/West Federal Constituency) and Taofeek Ajilesoro (Ife Central/East/North and South Federal Constituency). The PDP insists their defection undermines the mandate given by voters and seeks judicial redress to preserve the sanctity of the electoral process.
PDP lawyers argued that defections which occur without following the statutory conditions for lawful change of party allegiance effectively amount to abandonment of the political platform on which legislators were elected, invoking constitutional provisions and precedents that govern the recall of seats. The party urged the court to move swiftly to prevent further erosion of its representation in the National Assembly.
The APC dismissed the PDP’s legal action, describing it as futile and a political stunt. Party spokesmen countered that lawmakers have the right to join other parties, particularly when they claim to have lost confidence in their original political homes or in response to political realignments. APC statements framed the defections as voluntary political expressions protected by internal party arrangements and political realities.
The move has sharpened partisan tensions in Osun State, where party loyalties have shifted since recent elections and political manoeuvring. Observers say the case could set a significant legal and political precedent, clarifying how Nigeria’s courts will handle post-election defections by federal lawmakers and what constitutes a lawful change of party membership.
Analysts note that similar suits in the past have produced mixed results, with outcomes depending on the precise wording of the constitution, the timing of defections, and whether defections occurred under circumstances that meet exceptions such as division within a party or instances where a substantial number of members decamp together.
PDP’s legal team has asked the court to issue interlocutory orders restraining the lawmakers from participating in legislative business pending hearing and determination of the suits. The party also seeks a declaration that any votes or activities undertaken by the defecting lawmakers since their switch may be subject to legal review.
Local reactions are mixed: some constituents back PDP’s legal challenge as a defence of voter mandate, while others say defections are a political choice best judged at the polls. 6
Should the court ultimately declare the seats vacant, the Independent National Electoral Commission (INEC) would be expected to schedule by-elections to fill them, a process that could reshape the state’s federal representation and have wider political ripple effects.
For now, the dispute will play out in courtrooms rather than on the floor of the National Assembly. Legal experts say the outcome will be closely watched nationwide because it may influence future party defections and the enforcement of electoral mandates.
