The Peoples Democratic Party (PDP) national leadership said on Monday that a new nomination process is the only option for the 25 members of the Rivers State House of Assembly whose seats have been declared vacant to return.
Leading members of the National Working Committee (NWC) claimed that they had vacated and lost their seats due to defection from the PDP, the party from which they were elected into the House, in accordance with Section 109 (1)(g) of the Nigerian Constitution during a press conference held on Tuesday following an emergency meeting in Abuja regarding the situation in Rivers State.
He said that if they wanted to go back to the legislature, they would have to run for office again under any party of their choosing.
The leader of the party stressed that there isn’t any level of split inside the PDP to explain the 25 former members’ departure.
Therefore, in order to avoid being duped by false hope, he advised the former assemblymen to exercise caution while seeking advice.
According to Damangun, the Peoples Democratic Party (PDP) claims that there is no recourse available for the 25 former members of the Rivers State House of Assembly who lost their seats due to defection from the PDP, the party platform that helped them win election to the House of Assembly, in accordance with Section 109 (1)(g) of the Federal Republic of Nigeria, 1999 (as amended).
Our Party maintains that the former lawmakers’ only chance to reenter the House of Assembly is to run for new office on the platform of any political party in accordance with the provisions of the Electoral Act of 2022 and the Federal Republic of Nigeria, 1999 (as amended) Constitution. This is because they have vacated and lost their seats.
“The twenty-five former legislators from Rivers voluntarily and without justification resigned from their positions, fully conscious of the ramifications of leaving the party that supported their election to the Rivers State House of Assembly without following the procedures outlined in the 1999 Constitution.
To be clear, the 25 former members of the Rivers State House of Assembly left the PDP, and there is no reason for them to have done so, either at the national or local levels. As a result, they left their positions for reasons that are only known to them, and they are unable to return to the House of Assembly without first going through a new election procedure in compliance with the terms of the Electoral Act of 2022 and the 1999 Constitution (as amended).
Furthermore, in accordance with Section 109 (1)(g) of the 1999 Constitution (as amended), the Speaker of the Rivers State House of Assembly, Rt. Hon. (Barr) Ehie O. Edison, DSSRS, formally proclaimed the seats of the defecting and now-former members empty. As Functus Officio in this case, the Rivers State House of Assembly is unable to re-admit the former legislators unless a new election is held.
The former members of the Rivers State House of Assembly are therefore advised by our party not to be duped by anyone who offers them unrealistic guarantees and false hope in Abuja that they can return to the House of Assembly without holding new elections or that the Independent National Electoral Commission (INEC) can be prevented from holding new elections in the 25 Rivers State Constituencies where vacancies have arisen as a result of their defection.
To be clear, no court has the authority to prevent INEC from holding elections anytime a vacancy arises in any electoral constituency, as stated in Section 84 (15) of the Electoral Act, 2022.
“To be clear, nothing in this section shall empower the Courts to stop the holding of primaries or general elections under this Act pending the determination of the suit,” according to provision 84 (15) of the Electoral Act, 2022.
The PDP demanded that INEC set a date for new elections to be held in the 25 state constituencies in Rivers State “where vacancies have occurred because of the defection of the now former members of the Rivers State House of Assembly, pending the determination of any suit in any court,” in accordance with Section 109 (1) (g) of the 1999 Constitution (as amended) and Section 84 (15) of the Electoral Act, 2022.
The leader of the PDP urged all party members in Rivers State to stick together and be unwavering in their support of the rule of law and constitutional democracy.
