A fresh legal battle has begun at the Federal High Court as the 2023 Labour Party governorship candidate in Ebonyi State, Eze Oko, and party stalwart, Chief Henry Udeh, filed a suit against a member of the House of Representatives, Andy Kama Nkemkanma Osi.
Osi represents the Ohaozara, Onicha and Ivo Federal Constituency.
The plaintiffs are asking the court to declare his seat vacant over what they describe as his unlawful and unconstitutional defection from the Labour Party.
In the originating summons, Osi was said to have resigned from the party and defected on 16 July 2025—two years into the 2023–2027 legislative term.
Oko and Udeh argue that there was no division in the Labour Party at the time of his exit, and therefore no constitutional basis for abandoning the party that sponsored his election.
The Speaker of the House of Representatives is also listed as the second defendant.
The plaintiffs fault the Speaker for allegedly refusing to declare the seat vacant as required under Sections 68(1)(g) and 68(2) of the 1999 Constitution (as amended).
They insist that the Speaker’s inaction amounts to a breach of clear constitutional provisions barring lawmakers from defecting without valid grounds.
In their prayers, the plaintiffs ask the court to determine whether the Speaker acted unlawfully by failing to declare the seat vacant, and whether the court can intervene since the House leadership has not complied with constitutional provisions.
They are also seeking an order compelling Osi to refund all salaries, allowances and entitlements received from 16 July 2025 until judgment is delivered.
The plaintiffs want the court to further direct the Independent National Electoral Commission to conduct a fresh election to fill what they describe as a vacancy created by Osi’s “voluntary resignation/defection,” relying on Section 76 of the Constitution.
Their legal team, led by Anderson U. Asemota, cites several judicial precedents, including Baba v INEC (2024), FBN Plc v Maiwada (2013), Kassim v Adesemowo (2021) and Aguma v APC (2021), to argue that constitutional provisions on defections must be strictly enforced to prevent elected officials from “misallocating the people’s mandate.”
The defendants were served at the National Assembly Complex, while the plaintiffs’ address for service is the Abuja office of Neplus Ultra Attorneys.
A hearing date is expected to be fixed in the coming days.
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