OKO EZE AND CHIEF HENRY UDEH DRAGS REP MEMBER ANDY KAMA NKEMKANMA OSI TO COURT OVER ALLEGED UNCONSTITUTIONAL DEFECTION

OKO EZE AND CHIEF HENRY UDEH DRAGS REP MEMBER ANDY KAMA NKEMKANMA OSI TO COURT OVER ALLEGED UNCONSTITUTIONAL DEFECTION

A fresh legal battle has emerged in the Federal High Court as Eze Oko, the 2023 Labour Party governorship candidate in Ebonyi State, and party chieftain Chief Henry Udeh have jointly instituted a suit against Honourable Andy Kama Nkemkanma Osi, the member representing Ohaozara, Onicha and Ivo Federal Constituency. The plaintiffs are asking the court to declare his seat vacant following what they describe as his unlawful and unconstitutional defection from the Labour Party.

According to the originating summons, Osi, who was elected under the Labour Party platform, resigned and defected on 16 July 2025, well before the expiration of the 2023–2027 legislative term. The plaintiffs argue that at the time of his defection, there was no division in the Labour Party, and therefore no constitutional justification for abandoning the party that sponsored his election.

Oko and Udeh are also challenging the conduct of the Speaker of the House of Representatives, listed as the 2nd Defendant, for allegedly refusing to declare the seat vacant as required under Section 68(1)(g) and Section 68(2) of the 1999 Constitution (as amended). They insist that the Speaker’s inaction violates clear constitutional provisions barring lawmakers from defecting without valid grounds.

Their suit asks the court to determine:
• Whether the Speaker acted unlawfully by failing to declare Osi’s seat vacant;
• Whether the court can intervene since the House leadership has not complied with constitutional requirements;
• Whether Osi must refund all salaries, allowances and entitlements received from 16 July 2025 until judgment is delivered.

Oko and Udeh further request the court to order the Independent National Electoral Commission (INEC) to conduct a fresh election to fill what they insist is a vacancy created by Osi’s “voluntary resignation/defection.” This relief is anchored on Section 76 of the Constitution.

Their legal team relies on notable decisions—including Baba v INEC (2024), FBN Plc v Maiwada (2013), Kassim v Adesemowo (2021) and Aguma v APC (2021)—to argue that the Constitution is unambiguous and must be upheld strictly in cases of political defection. The plaintiffs stress that the framers of the Constitution intended to prevent elected officials from “misallocating the people’s mandate.”

The suit is being prosecuted by lawyers led by Anderson U. Asemota, Esq., with service addresses provided for the defendants at the National Assembly Complex and for the plaintiffs at the Abuja office of Neplus Ultra Attorneys.

A hearing date is expected to be fixed in the coming days.