By Austin Ogwuda, Asaba
THE Federal High Court holden at Asaba, yesterday, ruled that the seat of the member representing Ukwuani constituency in the Delta State House of Assembly, Dr. Alphonsus Ojo has become vacant following his defection from Democratic Peoples Party, DPP to Peoples Democratic Party, PDP.

The judgment followed a suit filed by Democratic Peoples Party, DPP and one Chukwuma Dafikpaku against the Delta State House of Assembly, Speaker of the State House of Assembly, Dr. Ojo and Independent National Electoral Commission, INEC.

The plaintiffs had sought “a declaration that the seat for Ukwuani constituency of the Delta State House of Assembly become vacant in light of the 3rd defendants (Ojo) defection from 1st claimant (DPP) to PDP on the floor of the 2nd defendant on Thursday 20th September 2012.

“An order compelling the Speaker Delta State House of Assembly to declare the Ukwuani constituency of Delta State House of Assembly vacant”.

“Whether under Section 109 (1)(g) & (2) of the Constitution of the Federal Republic of Nigeria 1999 as amended, the 2nd defendant is under an obligation to declare the seat for Ukwuani constituency of the 1st defendant vacant in the light of the 3rd defendant defecting from the 1st claimant to PDP”.

In her judgment, Justice C.M.A. Olatoregun-Isola granted the prayers and ordered the Speaker of the State House of Assembly to declare the seat vacant accordingly while fresh election should be conducted to fill the vacancy.