A major political confrontation has erupted at the Federal High Court in Abuja as the Labour Party (LP) moved to unseat Ebonyi lawmaker, Andy Kama Nkemkanma Osi, over what it described as an “illegal, unconstitutional and self-serving” defection.
The suit, marked FHC/ABJ/CS/2608/2025, was filed on December 1, 2025, by two senior party figures in Ebonyi State—Eze Oko, the party’s 2023 governorship candidate, and Chief Henry Udeh, the state chairman. Both men are asking the court to declare Osi’s seat in the House of Representatives vacant following his departure from the party that sponsored his election.
According to court filings, Osi was elected on the Labour Party platform to represent the Ohaozara/Onicha/Ivo Federal Constituency in the 2023 general elections, with a four-year mandate expected to run until 2027. However, he officially defected from the LP on July 16, 2025, a move the plaintiffs argue contravenes Sections 68(1)(g) and 68(2) of the 1999 Constitution.
The LP insisted that Osi’s defection is invalid because it was not triggered by any division or crisis within the party—conditions that the Constitution explicitly recognizes as the only valid grounds for a lawmaker to defect without losing their seat.
Also joined in the suit is the Speaker of the House of Representatives, whom the plaintiffs accuse of failing to uphold his constitutional duty by refusing to declare Osi’s seat vacant despite being notified of the defection.
They argue that Nigerian judicial precedents—including Baba v INEC (2024), FBN Plc v Maiwada (2013), Kassim v Adesemowo (2021) and Aguma v APC (2021) make it clear that lawmakers who defect without constitutional justification automatically forfeit their seats.
The plaintiffs are asking the court to not only declare the seat vacant, but to compel Osi to refund all salaries, allowances, and benefits he has received since his defection on July 16, 2025.
They further want the court to order the Independent National Electoral Commission (INEC) to conduct a fresh election for the constituency, citing Section 76 of the Constitution, which mandates a by-election when a legislative seat becomes vacant.
In their arguments, Oko and Udeh assert that the constitutional provisions on defection were deliberately crafted to protect the electorate’s mandate and discourage what they describe as the “misallocation or hijack of political mandates” by officeholders who abandon the parties that brought them into office.
The suit is being prosecuted by a legal team led by Anderson U. Asemota, Esq., with court filings confirming that all defendants have been duly served at the National Assembly Complex.
The Federal High Court is expected to assign a hearing date in the coming days, setting the stage for what could become a significant legal test for party loyalty, legislative accountability, and the future of defections in Nigeria’s political landscape.
