Ojo was elected to represent his constituency at the April 26, 2011 election on the platform of the Democratic Peoples’ Party (DPP) but decamped to the Peoples Democratic Party (PDP) last year.
Ojo in his Notice of Summons argued that the DPP was in crisis necessitating his decision to resign his membership of the party.
But the DPP and Mr. Chukwuma Dafikpaku dragged the lawmaker before the court, claiming that his action violated the provisions of Section 109 (1) g and (2) of the Constitution of the Federal Republic of Nigeria as amended and prayed the court to declare the seat vacant.
In suit number FHC/ASB/CS/129/12, the Delta State House of Assembly, the Speaker of the House and the Independent National Electoral Commission (INEC) were joined as defendants.
Justice C.M.A. Olatoregun-Isiola granted the prayers of the plaintiffs and averred that the second defendant (Speaker of the House) was “under mandatory responsibility to declare the seat of the 3rd defendant (Ojo) vancant.”
The court also directed the 4th defendant (INEC) to immediately commence the process of conducting fresh election into the Ukwuani constituency seat at the Assembly.