April 06, (THEWILL) — Ambassador designate, Senator Jimoh Ibrahim has been dragged before the Federal High Court, Abuja for what his prosecutors describe as an affront to the laws of the land.
According to a civil society group, the Incorporated Trustees of the Association of Legislative Drafting and Advocacy Practitioners (ALDRAP), which lodged an Originating Summons at the Federal High Court in Abuja, Senator Jimoh Ibrahim’s continued occupation of his senatorial seat after his appointment as Nigeria’s Ambassador and Permanent Representative to the United Nations, is illegal. Having been cleared by the Senate for the ambassadorial position and now, awaiting formal posting to his designated office as the country’s representative at the United Nations, he cannot continue to maintain his position in the Upper Chamber of the National Assembly, the group stated.
In Suit No. FHC/ABJ/CS/640/2026, the group names four defendants: (1) the President of the Federal Republic of Nigeria, (2) the Senate President, (3) Senator Jimoh Ibrahim, and (4) the Independent National Electoral Commission (INEC).
According to ALDRAP, the group the court should determine four key constitutional and legal questions in the matter before it.
They are: Whether Senator Ibrahim’s refusal to tender his letter of resignation from the Senate since his confirmation as Ambassador in December 2025 violates the doctrine of separation of powers enshrined in Sections 4, 5 and 6 of the 1999 Constitution (as amended);
Whether the Senate President was constitutionally required to declare the senator’s seat vacant immediately upon his confirmation as Ambassador, given the prohibition against holding offices in both the legislative and executive arms of government.
Whether the ongoing recognition of Senator Ibrahim as Nigeria’s Ambassador without first resigning from the Senate is in breach of Articles 9 and 31 of the Vienna Convention on Diplomatic Relations, 1961, as well as Senate Standing Orders 18 and 19 of 2023;
Whether INEC was under a constitutional and statutory obligation to immediately set a date for a bye-election to fill the alleged vacant senatorial seat. The plaintiff is seeking sweeping declaratory and injunctive reliefs, including:
A declaration that his senatorial seat became vacant automatically upon his confirmation as Ambassador in December 2025; An order compelling the Senate President to forthwith declare the seat vacant; A declaration that any continued recognition of Senator Ibrahim as Ambassador without resignation is unconstitutional and contrary to Nigeria’s international obligations; An order directing INEC to announce and conduct a bye-election to fill the vacant seat.
In the 19-page court document (including the supporting statement of facts), ALDRAP argues that “Nigeria operates a presidential system based on strict separation of powers, and that a sitting senator cannot concurrently hold an executive position such as ambassador. The group maintains that Senator Ibrahim’s confirmation as ambassador in December 2025 automatically necessitated the vacating of his legislative seat, yet neither he nor the Senate leadership has taken any action accordingly.”
The statement of claim further asserts that “the failure of the Senate President to declare the seat vacant constitutes a neglect of constitutional duty, while INEC’s inaction deprives the constituents of the senator’s district of their right to representation.”
The suit, filed on Wednesday, April 1, 2026 and paid for at the Federal High Court registry (receipt number 321450175191), is brought pursuant to Sections 1(1) and (3), 4, 5, 6, 66(1)(a), 68(1), and 251 of the Constitution, as well as the court’s inherent jurisdiction. No date has yet been fixed for the hearing.
Interestingly, Sections 68 and 69 of the 1999 Constitution as amended spells out the conditions under which a Senator’s seat must be declared vacant and an election for his replacement held within 30 days. The constitutional conditions are six.
The first condition is defection to another party. A Senator must vacate their seat if they defect to another political party before the expiration of the term for which they were elected, unless the defection is due to a division within their original party or a merger of parties.
Another is the acceptance of an executive such as a Minister, Commissioner, or Special Adviser, for which he must resign; absence from parliament without no just cause. In that case, the member must vacate their seat if they are absent from meetings for an aggregate period of more than one-third of the total meeting days in a year without a valid reason. The other grounds for declaring a seat vacant are loss of citizenship of Nigeria; disqualification for election due to, for instance, being declared a lunatic, unsound mind, or bankrupt, and lastly, if a recall process initiated by their constituents (under Section 69) is successfully concluded.
Remarkably, the Senate on Tuesday, March 31, 2026 declared the seats of three deceased lawmakers vacant and called on the Independent National Electoral Commission (INEC) to conduct by-elections within the next three months to fill the positions in line with constitutional provisions.
Senate President Godswill Akpabio made the declaration during plenary, following official notices confirming the passing of the affected senators who represented Nasarawa North, Enugu North, and Rivers South East senatorial districts.
The affected seats are those previously occupied by Senator Godiya Akwashiki of Nasarawa North, Senator Okey Ezea of Enugu North, and Senator Barinada Mpigi of Rivers South East, who all died at different times between November 2025 and February 2026.
Following the declaration, the Senate urged INEC to commence necessary electoral processes to ensure that the affected senatorial districts are not left without representation for an extended period, stressing the importance of continuity in democratic governance and legislative participation.
The development paves the way for the electoral body to organise by-elections that will restore full representation to the upper chamber, ensuring that the voices of the affected constituencies continue to be heard in national decision-making.
Akpabio reiterated the Senate’s commitment to upholding constitutional order and ensuring that vacancies arising from unforeseen circumstances are promptly addressed in the interest of effective legislative functioning. Efforts to get reactions from Senator spokesperson, Yemi Adaramola failed as he did not answer his phone. Senator Jimoh could not be reached as his available phone line was inaccessible.
THEWILL recalls that many Senators have resigned their seats to take up appointments. Some examples include David Umahi, who resigned in 2023 as the Senator for Ebonyi South and Deputy Majority Leader to become the Minister of Works in President Bola Tinubu’s cabinet. Similarly, Saidu Ahmed Alkali resigned in 2023 as Senator for Gombe North to serve as a Minister of Transportation.
Earlier in 2022, Senator Abdullahi Adamu, Nasarawa West, resigned from the Senate to take up the position of National Chairman of the All Progressives Congress (APC). In the same year, Abubakar Kyari resigned as the Senator for Borno North to become the Deputy National Chairman (North) of the APC. Also, Hassan Nasiha resigned as the Senator representing Zamfara Central to take up the appointment of Deputy Governor of Zamfara State.
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