The suit seeking to declare vacant the seat of the member representing Ideato North/South Federal Constituency of Imo State, Hon Ikenga Imo Ugochinyere, on baseless grounds has been withdrawn in the Federal High Court, Abuja Judicial Division.
Recall that Suit No. FHC/ABJ/CS/28/1/2025, dated February 18, 2025, was filed by one Hon. Augustine Nwachukwu, Hon. ThankGod Okeke, and three others believed to be supporters and loyalists of FCT Minister Nyesom Wike.
In the court documents made available to journalists, the plaintiffs sought the determination of the following questions:
“Whether by virtue of the provisions of Sections 65(2)(b) and 68(1)(b) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), any member of the National Assembly who has lost the membership of the political party that sponsored his election into the National Assembly before the expiration of the term for which he was elected automatically loses his seat in the Assembly, unless saved by the exception under that section.
“Whether by virtue of the provisions of Sections 65(2)(b) and 68(1)(b) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the 1st Defendant, who was expelled from the 3rd Defendant (the political party that sponsored his election as a member of the National Assembly) before the expiration of the term for which he was elected, has automatically lost his seat in the National Assembly.”
However, in a notice of discontinuance dated February 20, 2025, the Plaintiffs/Applicants stated that they do not intend to continue with the matter anymore.
It read in part:
“NOTICE OF DISCONTINUANCE BROUGHT PURSUANT TO ORDER 50 RULE 2 OF THE FEDERAL HIGH COURT CIVIL PROCEDURE RULES 2019 AND UNDER THE INHERENT JURISDICTION OF THE COURT.
“TAKE NOTICE that the Plaintiffs/Applicants herein intend and do hereby wholly discontinue their suit (i.e., SUIT NO: FHC/ABJ/CS/281/2025 BETWEEN HON. AUSTINE NWACHUKWU & ORS V. HON. IKENGA ONYINYE UGOCHINYERE IKEAGWUONU & ORS) against all the Defendants in the above-mentioned suit.
“The Plaintiffs/Applicants filed SUIT NO: FHC/ABJ/CS/281/2025 BETWEEN HON. AUSTINE NWACHUKWU & ORS V. HON. IKENGA ONYINYE UGOCHINYERE IKEAGWUONU & ORS on the 18th day of February, 2025. None of the Defendants have been served with the originating summons. Plaintiffs/Applicants do not intend to continue with the matter anymore.”
Reacting to the withdrawal, the pro-democracy advocacy group, Human Rights Writers Association of Nigeria (HURIWA), in a statement by its National Coordinator, Comrade Emmanuel Onwubiko, said they were not surprised the suit was withdrawn, as it was laughable, baseless, and not backed by any known law or judicial precedent in Nigeria.
The group, however, alleged that there is still a move to secretly refile it, but that it will still be dead on arrival, adding that it is high time desperate individuals grow up and stop making a mockery of the judiciary and the rule of law.
Group withdraws suit seeking to declare Ugochinyere’s seat vacant
