By Emeka Amaefula
DEFECTION OF 27 RIVERS STATE HOUSE OF ASSEMBLY LAWMAKERS: PDP DECLARES SEATS VACANT
The defection of 27 members of Peoples Democratic Party-PDP who were elected to represent their constituencies in the 10th Rivers State House of Assembly but on Monday 11th of December 2023 defected to All Progressives Congress-APC, have their seats declared vacant by the Rivers state chapter of PDP. In reference to a Letter addressed to the Acting State Chairman Aaron Chukwuemeka and written by Pepple Victor Fred Esq., the Assistant Legal Adviser to the party in the Rivers state stated that “It is no longer news that in the morning hours of 11th December, 2023, 27 members of the Rivers state House of Assembly elected under the platform of our party, The People’s democratic Party dumped our party to the All Progressives Congress APC. This their action is without any justification as there is no factionalization, fragmentation, splintering or division within the Peoples Democratic Party, PDP Rivers State under your current leadership.
“In-view of this unconstitutional action by the Lawmakers which is nothing short of Anti-party Activity. I employ you to take the immediate necessary action to declare their seats Vacant as provided by our extant laws.
“Kindly take notice that at your refusal, failure and/or neglect to act accordingly within 24 hours of your receipt of this letter, I shall, acting in my capacity as the Asst. Legal Adviser of our party; The People’s Democratic Party, PDP Rivers state Chapter proceeded to take the expedient actions for and on behalf of our dear party so as to preserve the integrity and good fortune of the People’s Democratic Party ”.
The National Publicity Secretary of PDP Hon. Debo Ologunagba had on Monday 11th of December, 2023 issued a Press statement in which he asserted the position of PDP on the status of the 27 defected members who now pledge membership of APC, according to the statement titled “Rivers state Assembly: PDP Demands INEC to Conduct Fresh Elections in 27 State Constituencies—Insists Defected Rivers Lawmakers Automatically Vacated Their seats”. It stated further that “The People’s Democratic Party PDP Demands that The Independent National Electoral Commission (INEC) Should immediately commence the process of conducting fresh elections into the 27 State Constituencies in Rivers State which have become vacant by reason of the defection of the 27 former lawmakers in the Rivers state House of Assembly to All Progressives Congress (APC).
“The PDP asserts that by defecting from the PDP, the political party platform on which they were elected into Rivers state House of assembly, the seats of the respective 27 former lawmakers have become vacant by virtue of the provision of section 109 (1) (g) of the constitution of federal republic of Nigeria 1999 (as Amended).
“For the avoidance of doubt, Section 109 (1) of the 1999 Constitution provides that “ a member of a House of Assembly shall vacate his seat in the House if …(g) Being a person whose election to the House of Assembly was sponsored by a political party, he becomes a member of another political party before the expiration of the period for which that House was elected…”
The PDP therefore demanded that INEC should comply with the Supreme Court ruling on such cases and conduct fresh elections. “By reason of the above constitutional provision and its clear interpretation by the Supreme Court, the 27 defected members of Rivers state House of Assembly have vacated and lost their seats, rights, privileges, recognition and obligations accruable to members of the Assembly.”
It therefore authorizes the Speaker of the Rivers state House of Assembly to immediately comply with the provisions of the constitution by declaring the seats of the 27 lawmakers vacant.
