The Peoples' Democratic Party, PDP, has asked the Federal High Court sitting in Abuja to declare vacant the Akwa Ibom South Senatorial District seat in the Senate which is currently occupied by Chief Nelson Asuquo Effiong.
This is following his defection to the All Progressives Congress (APC).
The PDP, alongside 15 chieftains of the party in Akwa Ibom state, who had earlier threatened to take the matter to court, made the plea in court pursuant to section 68(1)(g) of the Constitution.
In the suit marked FHC/ABJ/05/61/2017, the plaintiffs cited the Senate President, Dr. Bukola Saraki as the 2nd defendant in the matter.
Two interlocutory injunctions were also sought.
The first interlocutory injunction would restrain the first defendant, Effiong, from parading himself as the Senator representing Akwa Ibom South Senatorial District in the National Assembly.
While, the second interlocutory injunction would restrain the 2nd defendant, Saraki, from further recognising the first defendant as the Senator representing Akwa Ibom South Senatorial District in the National Assembly.
Additionally, the plaintiffs asked the court to determine "whether the 1st defendant has not lost his membership with effect from January 19, 2017 as the Senator representing Akwa Ibom South Senatorial District in the National Assembly pursuant pursuant to Section 68(1)(g) of the 1999 Constitution same having been vacated by the operation of law by the 1st defendant by reason of his becoming member of APC before the expiration of the period for which he was elected into the Senate on the platform of PDP".
Meantime, Justice Tsoho Tsoho has fixed May 11 to begin hearing on the suit.