The Independent National Electoral Commission (INEC) has been urged by the Peoples Democratic Party (PDP) to hold fresh elections in each of Rivers State’s 27 state seats.
Following the defection of 27 Rivers State Assembly members from the PDP to the All Progressives Congress (APC), the party made this announcement on Monday and urged INEC to declare their seats vacant.
The PDP argues that “the seats of the 27 lawmakers have automatically become vacant as a result of their departure from the PDP, the political party under whose platform they were elected into the Rivers State House of Assembly,” in accordance with Section 109 (1)(g) of the Federal Republic of Nigeria, 1999 (as amended).”
“A member shall vacate their seat if they become a member of another political party before the expiration of the period for which the House was elected,” PDP national spokesman Debo Ologunagba, who signed the statement, cited Section 109(1) of the Constitution. “The PDP emphasises that the Supreme Court’s clear interpretation supports the view that the defected members have forfeited their seats, rights, privileges, recognition, and obligations,” the PDP stated.
The PDP urged the Speaker of the Rivers State House Assembly to immediately follow the Constitution by appointing the 27 former lawmakers’ seats as vacant in light of these constitutional obligations.
The PDP begs that INEC hold new elections to replace the vacancies in the 27 State Constituencies of Rivers State within the time frame specified in the Federal Republic of Nigeria, 1999 (as amended) Constitution.
The PDP advised the legislators not to pose as members of the Rivers State House of Assembly, citing the possibility of impersonation charges and severe legal repercussions.
Read PDP’s full statement below.
December 11, 2023
Press Statement: Rivers State Assembly: PDP Demands INEC to Conduct Fresh Elections in 27 State Constituencies. …
Insists Defected Rivers Lawmakers Automatically Vacated Their Seats
The Peoples Democratic Party (PDP) demands that the Independent National Electoral Commission (INEC) immediately commence the process of conducting fresh elections into the 27 state constituencies in Rivers State that have become vacant by reason of the defection of the 27 former state lawmakers in the Rivers State House of Assembly to the All Progressives Congress (APC). The PDP asserts that by defecting from the PDP, the political party platform on which they were elected into the 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 the 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.” By reason of the above Constitutional provision and its clear interpretation by the Supreme Court, the 27 defected members of the Rivers State House of Assembly have vacated and lost their seats, rights, privileges, recognition, and obligations accruable to members of the Rivers State House of Assembly. The PDP therefore demands that the Speaker of the Rivers State House Assembly immediately comply with the provisions of the Constitution by declaring the seats of the 27 former lawmakers vacant. In view of the vacancy now exiting in the 27 state constituencies in Rivers State, the PDP demands that INEC, within the stipulated period under the Constitution of the Federal Republic of Nigeria, 1999 (as amended), conduct a fresh election to fill the vacancies. Our Party cautions that the former lawmakers should stop parading themselves as members of the Rivers State House of Assembly, as such would amount to impersonation with serious criminal consequences. The PDP commends the people of Rivers State for their steadfastness and loyalty to democracy and the rule of law, especially at this time.
Signed: Hon. Debo Ologunagba, National Publicity Secretary
