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The Incorporated Trustees of the Association of Legislative Drafting and Advocacy Practitioners (ALDRAP) has filed an Originating Summons in Suit No. FHC/ABJ/CS/640/2026, questioning the legality of Jimoh Ibrahim’s continued stay in the Senate months after his confirmation as Nigeria’s Ambassador and Permanent Representative to the United Nations.

Joined as defendants in the suit are President Bola Ahmed Tinubu, Senate President Godswill Akpabio, Senator Ibrahim himself, and the Independent National Electoral Commission (INEC).

FOUR CRITICAL QUESTIONS BEFORE THE COURT

At the heart of the legal battle are four weighty constitutional questions that strike at the core of Nigeria’s democratic structure.

ALDRAP is asking the court to determine whether Senator Ibrahim’s refusal to resign from the Senate since his confirmation as ambassador in December 2025 violates the doctrine of separation of powers as enshrined in the 1999 Constitution.

The group is also questioning whether Senate President Akpabio was constitutionally obligated to immediately declare Ibrahim’s seat vacant upon his confirmation, given the clear prohibition against holding positions in both the legislative and executive arms simultaneously.

Further, the suit raises concerns over Nigeria’s compliance with international law, querying whether Ibrahim’s continued recognition as ambassador without resigning from the Senate breaches provisions of the Vienna Convention on Diplomatic Relations.

INEC is equally in the dock, with ALDRAP asking the court to determine whether the electoral body failed in its duty by not conducting a bye-election to fill what it describes as a vacant senatorial seat.

CALL FOR IMMEDIATE REMOVAL, BYE-ELECTION

The plaintiff is seeking far-reaching reliefs, including a declaration that Ibrahim’s failure to resign amounts to a constitutional breach and that his seat became automatically vacant upon his ambassadorial confirmation.

It is also asking the court to compel the Senate President to formally declare the seat vacant without delay.

In addition, the group wants the court to rule that Ibrahim’s continued recognition as ambassador without resignation is unconstitutional and violates Nigeria’s international obligations.

Perhaps most significantly, ALDRAP is urging the court to order INEC to immediately fix a date and conduct a bye-election to restore representation to the affected senatorial district.

“ASSAULT ON CONSTITUTIONAL ORDER”

In its 19-page filing, ALDRAP argues that Nigeria’s presidential system is built on a strict separation of powers that does not permit any individual to straddle both the executive and legislative arms.

The group insists that Ibrahim’s confirmation as ambassador in December 2025 automatically triggered the vacation of his Senate seat, stressing that the failure of both the senator and the Senate leadership to act amounts to a dangerous breach of constitutional order.

It further contends that the inaction of INEC effectively disenfranchises constituents who are now left without proper representation in the National Assembly.

LEGAL FIRESTORM BREWING

Filed at the Federal High Court registry in Abuja, the suit invokes multiple constitutional provisions, including Sections 1(1) and (3), 4, 5, 6, 66(1)(a), 68(1), and 251, underscoring the gravity of the constitutional issues at stake.

As of the time of filing, no date has been fixed for hearing.

However, legal observers say the case could set a far-reaching precedent on the limits of public office holding in Nigeria’s democracy, particularly at a time when questions of accountability and constitutional compliance are increasingly taking centre stage.

For now, the question remains stark and unavoidable: can one man legally occupy two powerful offices at once? or is this a constitutional breach waiting to be struck down?