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The Labour Party (LP) attempted to remove Ebonyi lawmaker Andy Kama Nkemkanma Osi from office due to what it called a “illegal, unconstitutional and self-serving” defection, sparking a significant political dispute at the Federal High Court in Abuja.

Two prominent members of the Ebonyi State party, Chief Henry Udeh, the state chairman, and Eze Oko, the party’s 2023 governorship candidate, filed the lawsuit on December 1, 2025, under the case number FHC/ABJ/CS/2608/2025. After Osi left the party that supported his candidacy, both men are requesting that the court declare his House of Representatives position empty.

Osi was elected to represent the Ohaozara/Onicha/Ivo Federal District on the Labour Party platform in 2023, according to court documents.

On July 16, 2025, he formally defected the LP, which the plaintiffs claim violates Sections 68(1)(g) and 68(2) of the 1999 Constitution.

The LP maintained that Osi’s defection was unlawful since it was not brought on by a party split or crisis, which the Constitution expressly states are the only circumstances under which a lawmaker may defect without losing their seat.

The plaintiffs also claim the Speaker of the House of Representatives of violating his constitutional obligation by delaying to declare Osi’s seat empty even after being informed of the defection.

They contend that Nigerian court rulings, such as Baba v. INEC (2024), FBN Plc v. Maiwada (2013), Kassim v. Adesemowo (2021), and Aguma v. APC (2021), demonstrate that parliamentarians who desert without a valid constitutional reason lost their seats.

In addition to declaring the position empty, the plaintiffs are requesting that the court order Osi to return all of his pay, benefits, and allowances since his defection on July 16, 2025.

Citing Section 76 of the Constitution, which requires a by-election when a legislative seat becomes empty, they also want the court to force the Independent National Electoral Commission (INEC) to hold a new election for the constituency.

Oko and Udeh contend that the defection clauses in the constitution were purposefully designed to safeguard the electorate’s mandate and deter what they refer to as the “misallocation or hijack of political mandates” by public officials who leave the parties that elected them.

A legal team headed by Anderson U. Asemota, Esq. is pursuing the lawsuit, and court documents attest to the fact that all defendants have been properly served at the National Assembly Complex.

In the upcoming days, the Federal High Court is anticipated to set a hearing date, laying the groundwork for what may turn out to be a crucial legal test for legislative accountability, party loyalty, and the future of defections in Nigerian politics.

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