The Peoples Democratic Party (PDP) has asked the Independent National Electoral Commission to declare the seats of 27 members of the Rivers State House of Assembly vacant, following their defection from the Peoples Democratic Party to the All Progressives Congress.
The PDP said this in a statement by its National Publicity Secretary, Mr Debo Ologunagba, in Abuja on Monday.
Ologunagba said that by leaving the PDP, on which platform they were elected, their seats had become vacant.
He said this was in line with the provision of Section 109 (1)(g) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
Daily Trust reported that no fewer than 27 out of the 32 lawmakers in the Assembly defected to the APC on Monday. The 27 lawmakers cited division within the PDP and the “impressive performance” of President Bola Tinubu as their motivation for joining the APC.
However, Ologunagba stated, “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 have lost their seats, rights, privileges, recognition and obligations accruable to members of the Rivers State House of Assembly.”
Ologunagba added, “The PDP therefore demands that the Speaker of the Rivers State House Assembly immediately complies with the provision of the constitution by declaring the seats of the 27 former lawmakers vacant.
“In view of the vacancy now existing in the 27 state constituencies in Rivers State, the PDP demands that INEC should within the stipulated period under the Constitution of the Federal Republic of Nigeria 1999 (as amended) conduct fresh election to fill the vacancies.”
He also cautioned the 27 members from parading themselves as members of the Assembly, saying that would amount to impersonation.