The Peoples Democratic Party (PDP), Thursday, asked a Federal High Court, Abuja, to sack the Senator representing Akwa Ibom South Senatorial District in the National Assembly, Chief Nelson Asuquo Effiong folliwing his defection to the All Progressive Congress (APC).
The case, which came up Thursday for mention, has the Senate President, Bukola Saraki, as a co-defendant.
Effiong was elected to the Senate on the PDP platform in 2015. He is among four senators who have so far decamped, nationwide, from the PDP to the APC.
Effiong had said he was leaving the PDP partly because of the lingering tussle over the national chairmanship position which has divided it into two factions.
The Akwa Ibom State Chapter of PDP, which is the plaintiff in the case, is asking the court to declare Senator Effiong’s seat in the senate vacant.
The party, alongside 15 other chieftains of the party in the state, was represented by Goddy Umoh, the PDP legal adviser in the state.
He led other seven lawyers to appear for the plaintiffs. The State Publicity Secretary of the party, Ini Emembong, who is also a lawyer, was part of the legal team.
Umoh had in an Originating Summons marked FHC/ABJ/05/61/2017 asked the court to declare that Effiong has lost his membership with effect from January 19, 2017 pursuant to Section 68(1)(g) of the Constitution following his defection to APC before the expiration of the period for which he was elected into the Senate on the platform of PDP.
The plaintiffs also want the court to declare the seat of Akwa Ibom South Senatorial District vacant 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 other party rather than the one that elected him there.
The plaintiffs also prayed the court for an order directing the Senate President to declare the seat vacant pursuant to Section 68(1)(g) of the 1999 Constitution same having been vacated by the operation of law by the 1st defendant.
The plaintiffs also want the court to make an interlocutory injunction restraining the first defendant from parading himself as the Senator representing Akwa Ibom South Senatorial District in the Senate.
In addition, they want the court to make an interlocutory injunction restraining the second defendant (Saraki) from further recognition of the first defendant as the Senator representing Akwa Ibom South Senatorial District in the National Assembly.
Earlier, the plaintiffs have asked the court to determine whether the first defendant has not lost his membership of the National Assembly from January 19,2017 as the Senator representing Akwa Ibom South Senatorial District.
When the matter came up Thursday, the defendants were not in court and were not represented by counsel.
The trial Judge, Justice John Tsoho later fixed May 11 for hearing.