A civil society organisation, the Incorporated Trustees of the Association of Legislative Drafting and Advocacy Practitioners (ALDRAP), has lodged an Originating Summons at the Federal High Court in Abuja challenging Senator Jimoh Ibrahim’s continued occupation of his senatorial seat after his appointment as Nigeria’s Ambassador and Permanent Representative to the United Nations.

In Suit No. FHC/ABJ/CS/640/2026, ALDRAP names four defendants: (1) the President of the Federal Republic of Nigeria, (2) the Senate President, (3) Distinguished Senator Jimoh Ibrahim, and (4) the Independent National Electoral Commission (INEC).

The group is asking the court to determine four key constitutional and legal questions:

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 breaches 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 Senator Ibrahim’s failure to resign constitutes a breach of the separation of powers;

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 today 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.

Update news