A major political confrontation has erupted in Ebonyi State as Labour Party (LP) chieftains have dragged the member representing Ohaozara, Onicha and Ivo Federal Constituency, Hon. Andy Kama Nkemkanma Osi, before the Federal High Court, Abuja, over what they describe as his illegal defection from the Labour Party.
The suit, filed on December 1, 2025, and marked FHC/ABJ/CS/2608/2025, was instituted by LP’s 2023 Ebonyi governorship candidate, Eze Oko, and the state party chairman, Chief Henry Udeh. They are asking the court to declare Osi’s seat vacant following his resignation from the Labour Party on 16 July 2025, despite being elected on the party’s platform during the 2023 general elections.
No Party Crisis to Justify Defection, Plaintiffs Insist
In their originating summons, the plaintiffs argued that no division or faction existed within the Labour Party at the time of Osi’s defection—eliminating any constitutional justification for abandoning the party that sponsored his election into the House of Representatives.
They maintain that under Section 68(1)(g) and 68(2) of the 1999 Constitution (as amended), a lawmaker automatically loses their seat if they defect from the party that brought them to office, except where there is a division within that party.
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Speaker Accused of Constitutional Breach
The Speaker of the House of Representatives, listed as the 2nd Defendant, is accused of “wilful refusal” to declare the seat vacant, which the plaintiffs say amounts to a breach of constitutional duty.
They are asking the court to determine:
whether the Speaker acted unlawfully by failing to enforce constitutional provisions;
whether the court can intervene since the House leadership has allegedly failed to act; and
whether Osi should be compelled to refund salaries, allowances, and entitlements received from 16 July 2025 until judgment is delivered.
Fresh Election Sought
Oko and Udeh have also urged the court to direct the Independent National Electoral Commission (INEC) to conduct a fresh election, relying on Section 76 of the Constitution, which mandates by-elections when a legislative seat becomes vacant.
Judicial Precedents Cited
Their case draws upon several judicial authorities—including Baba v INEC (2024), FBN Plc v Maiwada (2013), Kassim v Adesemowo (2021), and Aguma v APC (2021)—which they argue reinforce strict adherence to constitutional provisions governing political defections.
The plaintiffs say the intent of the framers of the Constitution was to curb what they call the “misallocation of the people’s mandate”, insisting that elected officials must remain accountable to both the electorate and the political parties that sponsored them.
Next Steps
The suit is being prosecuted by a legal team led by Anderson U. Asemota, Esq. Court processes have already been served on all defendants at the National Assembly Complex, while the plaintiffs are represented through the Abuja office of Neplus Ultra Attorneys.
A hearing date is expected to be scheduled soon.
