The Peoples Democratic Party (PDP) has filed a legal action at the Federal High Court in Abuja, seeking the removal of Rep. Oluwole Oke from his position as the representative of Obokun/Oriade Federal Constituency in Osun State, following his recent defection to the All Progressives Congress (APC).
In the suit filed on Monday by its lead counsel, Raphael Oyewole, the PDP is requesting the court to issue a mandamus order compelling the Speaker of the House of Representatives, Tajudeen Abbas, to immediately declare Oke’s seat vacant.
The party argued that Oke’s defection violates Section 68(1)(g) and (2) of the 1999 Constitution, which stipulates that a legislator must relinquish their seat if they defect from the party under which they were elected—unless there is a proven division, merger, or faction within that party. The PDP insists that no such internal conflict existed at the time of Oke’s defection.
The PDP further urged the court to instruct both Speaker Abbas and the Independent National Electoral Commission (INEC) to perform their constitutional responsibilities by declaring the seat vacant and initiating a bye-election to fill the position.
Additionally, the party is asking the court to direct the Clerk of the National Assembly to halt the payment of all salaries, allowances, and entitlements to Oke. It also wants the lawmaker to refund all payments received from the date he resigned from the PDP until the final judgment is delivered.
The legal action, filed under suit number FHC/ABJ/CS/1040/2025, lists Oke, the Speaker of the House, the Clerk of the National Assembly, and INEC as the 1st to 5th defendants.
Among the PDP’s claims is a key constitutional question: whether a member of the House who was elected under a party platform and later defects to another party—without a legitimate cause such as division or merger—is not legally required to vacate their seat.
The case has not yet been assigned to a judge.
Rep. Oluwole Oke, a six-term member of the House, had earlier stated that his decision to leave the PDP came after consulting with his political allies, family, and supporters. His resignation letter, dated April 16, was addressed to the PDP ward chairman in Obokun Local Government Area, with copies sent to the party’s state and national leadership.
In a related development, Pelumi Olajengbesi, a notable lawyer, has expressed interest in contesting for the seat, and has begun mobilizing support within the constituency.


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