PDP prays court to declare seat of Oyo legislator vacant 'For defecting to ACN

THE Peoples Democratic Party (PDP) in Oyo State has prayed the Federal High Court in Ibadan to declare vacant, the seat of Honourable Matthew Adegboyega Abioye in the State House of Assembly, from Surulere/Ogo Oluwa State Constituency for defecting to the Action Congress of Nigeria (ACN).This prayer is contained in a suit filed by the party by a lawyer, Mr Abiodun Ogunjinmi, at the Federal High Court, Ibadan, to challenge the defection of Honourable Abioye to the ACN.The legislator announced that he was dumping the PDP for the ACN on the floor of the State House of Assembly on May 8, 2012.According to the court processes apart from the PDP, other plaintiffs are Prince Adegboyega Ige; (who sued for himself and on behalf of other members of the Oyo State executive council of the PDP), Akanbi Joseph Oluwole, Oyegbami Olawale Joseph, Chief Olawale Isaac Olufemi and Peter Ayoola (who instituted the suit for themselves and on behalf of the other members of the PDP from Ogo-Oluwa/Surulere local Government Constituency of Oyo State).Respondents in the suit are Honourable Abioye; Speaker, Oyo State House of Assembly, the Oyo State House of Assembly, the Clerk of the Oyo State House of Assembly and the Independent National Electoral Commission (INEC).The plaintiffs' claim against the defendants are for'A declaration that the first defendant (Honourable Matthew Adegboyega Abioye) a member of the Oyo State House of Assembly representing Ogo-Oluwa/Surulere State Constituency has automatically vacated and immediately ceased to be a member of the Oyo State House of Assembly having defected from the PDP that sponsored him to another party wen he failed to present evidence satisfactory in support to the House as required by law vide the proceedings/Hansard of the Oyo State House of Assembly dated May 8, 2012.'An order of court directing Honourable Abioye, a member of the Oyo State House of Assembly, representing Ogo-Oluwa/Surulere State Constituency to vacate the Oyo State House of Assembly seat allocated to Ogo-Oluwa/Surulere constituency forthwith.'An order of court directing the 2nd, 3rd and 4th defendants or any other person acting in that in that behalf from further recognising the first defendants, (Honourable Abioye) as the member of the Oyo State House of Assembly representing Ogo-Oluwa/Surulere State Constituency forthwith.'An order of court directing the Independent National Electoral Commission to immediately conduct a bye-election to fill the vacant seat of Ogo-Oluwa/Surulere State Constituency of the Oyo State House of Assembly as may deem fit under the law.No date has been fixed for the hearing of the suit.
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