Nigeria’s main opposition Party, the Peoples Democratic Party, PDP, is insisting that the 25 members of the Rivers state House of Assembly who defected to the All Progressives Congress, APC must vacate their seats.
Acting National Chairman of the PDP, Illiya Damagum while addressing a press conference, emphasised that there was no remedy for the 25 former members of the Rivers State House of Assembly who by virtue of Section 109 (1)(g) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) vacated and lost their seats by reason of defection from the PDP.
Loss of seats
“Our Party insists that having now vacated and lost their seats, the only option available for the former lawmakers, if they wish to return to the House of Assembly, is to seek fresh nomination and re-election on the platform of any political party of their choice in line with the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and the Electoral Act, 2022,” said.
He said the 25 former Rivers state lawmakers freely and without any cause vacated their seats, being fully aware of the consequences of defection from the Party upon which they were elected into the State House of Assembly without the conditions stipulated by the 1999 Constitution.
“For the avoidance of doubt, there is no division in the PDP at the national or any other level for that matter to justify the defection of the 25 former members of the Rivers State House of Assembly from the Party. They therefore vacated their seats for reasons best known to them and cannot return to the House of Assembly without passing through a fresh electoral process in accordance with the provisions of the 1999 Constitution (as amended) and the Electoral Act, 2022,” he stated.
Illiya noted that the Speaker of the Rivers State House of Assembly, Rt. Hon Ehie Edison had officially declared the seats of the defected now former members vacant in line with Section 109 (1)(g) of the 1999 Constitution (as amended).
He says, “The Rivers State House of Assembly, having become Functus Officio on the matter cannot re-admit the former lawmakers unless through the channel of a fresh election”.
He reiterated that the PDP “Counsels the former members of the Rivers State House of Assembly not to be deceived by anybody giving them the false hope and impracticable assurances in Abuja that they can return to the Rivers State House of Assembly without a fresh election or that the Independent National Electoral Commission, INEC can be stopped from conducting fresh election into the 25 Rivers State Constituencies where vacancies have occurred by reason of their defection”.
Constitutional Provision
Illiya stressed that provisions of Section 84 (15) of the Electoral Act, 2022 was clear in providing that no Courts have powers to stop INEC from conducting elections wherever and whenever a vacancy occurs in any electoral constituency.
“Nothing in this section shall empower the Courts to stop the holding of primaries or general election under this Act pending the determination of the suit.”
PDPs Demands
The PDP Acting National Chairman demands that “INEC should, in line with Section 109 (1) (g) of the 1999 Constitution (as amended) and Section 84 (15) of the Electoral Act, 2022, fix a date for the conduct of fresh election into the 25 State Constituencies in Rivers State where vacancies have occurred by reason of the defection of the now former members of the Rivers State House of Assembly, pending the determination of any suit in any court”.
He noted that the leadership of the PDP was calling on all members in Rivers State to remain united and resolute in the defence of Constitutional democracy and Rule of Law.
The 25 PDP Lawmakers defected to APC on Dec 11.
Confidence Okwuchi
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