A civil society organisation, the Incorporated Trustees of the Association of Legislative Drafting and Advocacy Practitioners (ALDRAP), has dragged Senator Jimoh Ibrahim, before the Federal High Court in Abuja over his refusal to vacate his senate seat following his appointment as Nigeria’s Permanent Representative to the United Nations.
ALDRAP specifically urged the court to order the Senate President to declare Ibrahim’s seat vacant and to direct the Independent National Electoral Commission (INEC) to announce and organise a bye-election to fill the vacancy.
Joined as respondents in the suit are President Bola Tinubu, Senate President Godswill Akpabio, Senator Ibrahim (Ondo South), and the Independent National Electoral Commission (INEC).
The plaintiff questioned the legality of the senator’s dual roles, citing breaches of separation of powers and prohibitions on holding legislative and executive offices simultaneously.
ALDRAP also seeks a declaration that Senator Ibrahim’s failure to resign from the Senate upon his ambassadorial confirmation violates constitutional principles under Sections 4, 5, 6, and 68(1).
The group, which described itself as legal practitioners and legislative drafting experts, further argued that his seat became vacant automatically by law, citing Senate Standing Orders 2023 (Orders 18 and 19) and the Vienna Convention on Diplomatic Relations 1961.
The plaintiff presented four questions for the court’s consideration: whether Senator Ibrahim’s failure to resign from his position as a senator after his appointment as an Ambassador breaches the constitutional doctrine of separation of powers.
The group also wants the court to determine whether the Senate President should have declared Senator Ibrahim’s seat vacant upon his appointment as an Ambassador, given the constitutional ban on holding dual offices in the legislative and executive branches.
It further asked the court to decide whether recognising Senator Ibrahim as Nigeria’s Ambassador and Permanent Representative to the United Nations, without his resignation from the Senate, contravenes Nigeria’s constitutional framework and international obligations under the Vienna Convention on Diplomatic Relations, 1961.
ALDRAP urged the court to determine whether INEC is constitutionally obliged to conduct a bye-election to fill the vacant senatorial seat following Senator Ibrahim’s appointment as an ambassador.
In a statement of fact attached to the suit, the plaintiff averred that since his confirmation, the third Defendant has not submitted a resignation letter from the Senate, as required under Orders 18 and 19 of the Senate’s 2023 Standing Orders.
The group also argued that, by the third Defendant holding both positions simultaneously, a fusion of legislative and executive powers is created, contravening the constitutional separation of powers.
It also maintained that the senate has a constitutional duty to declare a legislative seat vacant if a member becomes disqualified or the seat becomes vacant by law.
The plaintiff further insisted that by virtue of Section 1(3) of the Constitution, any law inconsistent with the provisions of the Constitution is null and void to the extent of its inconsistency and that the omission in Section 138 of the Electoral Act, 2026, is inconsistent with constitutional principles of integrity, accountability, and the rule of law.
ALDRAP contended this fusion of powers undermines governance, deprives Ondo South constituents of representation, and highlights flaws in the Electoral Act 2026, such as the omission of forged credentials as a disqualification ground (unlike Section 134(4) of the 2022 Act).
The plaintiff also stated that the court is vested with jurisdiction under Section 251 of the Constitution to entertain this suit and grant the reliefs sought.
The case has not been assigned to a judge, and the respondents have yet to file a response to the suit.
Credit: Leadership