Senate President, Godswill Akpabio, has declared three Senate seats vacant following the deaths of members of the 10th Senate.
But he remained quiet on the seat of Senator Jimoh Ibrahim, who was named Nigeria’s Permanent Representative to the United Nations, screened and was confirmed by the Upper Legislative Chamber. A group has already sued President Bola Tinubu, Akpabio, Senator Ibrahim and the Independent National Electoral Commission (INEC) on the development.
Akpabio made the announcement during Tuesday’s plenary, describing the development as a tragic loss to the legislature.
“These unfortunate events necessitate midterm elections by the Independent National Electoral Commission (INEC) to fill the affected seats,” he said.
He cited provisions of the Constitution of the Federal Republic of Nigeria 1999, as amended, in declaring the vacancies.
He said: “Enugu State – Enugu North Senatorial District is hereby declared vacant.
“Nasarawa State – Nasarawa North Senatorial District is hereby declared vacant.
“Rivers – Rivers South East Senatorial District is hereby declared vacant.”
Akpabio directed the INEC to conduct by-elections within the stipulated constitutional timeframe.
“The timeframe is approximately 30 days from the date of this declaration. May the souls of our departed colleagues rest in perfect peace,” he prayed.
Everyday.ng reports that a civil society organisation, the Incorporated Trustees of the Association of Legislative Drafting and Advocacy Practitioners (ALDRAP), filed a suit at the Federal High Court in Abuja challenging the continued stay in office of Jimoh Ibrahim following his appointment as Nigeria’s Ambassador and Permanent Representative to the United Nations.
The case, marked FHC/ABJ/CS/640/2026, lists four defendants: President of Nigeria, Senate President of Nigeria, Senator Ibrahim, and the Independent National Electoral Commission (INEC).
In the Originating Summons, ALDRAP is asking the court to resolve key constitutional questions arising from Ibrahim’s failure to resign his Senate seat after his confirmation as ambassador in December 2025.
The group is specifically seeking the court’s interpretation on whether the senator’s continued dual role violates the doctrine of separation of powers as provided in Nigeria’s Constitution. It also questioned whether the Senate President ought to have declared the seat vacant immediately after Ibrahim’s confirmation, citing constitutional restrictions on holding positions in both the legislative and executive arms of government.
ALDRAP further argued that recognising Ibrahim as ambassador without his resignation may contravene international obligations under the Vienna Convention on Diplomatic Relations, alongside provisions of the Senate Standing Orders.
The organisation is also asking the court to determine whether INEC failed in its duty by not initiating steps toward a bye-election to fill what it described as a vacant senatorial seat.
Among the reliefs sought are declarations that Ibrahim’s failure to resign breaches constitutional provisions, that his Senate seat became vacant upon his ambassadorial confirmation, and that his continued recognition as ambassador without resignation is unlawful. The plaintiff is also seeking an order compelling the Senate President to formally declare the seat vacant and directing INEC to conduct a bye-election.
In its 19-page filing, ALDRAP maintained that Nigeria’s presidential system requires strict separation of powers, arguing that a serving senator cannot simultaneously occupy an executive position such as ambassador. It added that the inaction of both the Senate leadership and INEC undermines constitutional governance and denies constituents proper representation.
The suit was filed at the Federal High Court registry in Abuja on Monday. No hearing date has been scheduled.
