In any democratic society, the Constitution reigns supreme, serving as the cornerstone for governance, accountability, and the protection of civil liberties. Nigeria’s 1999 Constitution (as amended) is unambiguous in its directives: public officeholders must adhere strictly to its provisions to safeguard the integrity of our democratic institutions. Today, Chief Godswill Obot Akpabio, President of the Senate, and Tajudeen Abbas, Speaker of the House of Representatives, stand at a pivotal juncture, where their fidelity to constitutional principles is under scrutiny.

 Governor Monday Okpebholo and Deputy Governor Dennis Idahosa of Edo State must vacate their legislative seats in the National Assembly as required by Section 68(1)(d) of the Constitution. Their continued occupancy of these positions constitutes not only a constitutional violation but a direct affront to Nigeria’s democratic ideals. This matter is a litmus test of the commitment of our legislative leaders to uphold the rule of law and justice.

 Key Constitutional Issues

1.      Violation of Section 68(1)(d):

Section 68(1)(d) of the 1999 Constitution mandates that any National Assembly member who assumes an executive office—whether as Governor, Deputy Governor, Minister, or Commissioner—must vacate their legislative seat. This provision is unequivocal. It exists to prevent the simultaneous holding of legislative and executive powers, thereby mitigating conflicts of interest. The continued presence of Okpebholo and Idahosa in the Senate and House of Representatives is a flagrant breach of this constitutional mandate.

 2. Obligation of Leadership Under Section 68(2):

Section 68(2) imposes a clear duty on the President of the Senate and the Speaker of the House to declare such seats vacant upon receiving satisfactory evidence of an executive appointment. This is not a matter of discretion; it is a constitutional imperative. Chief Akpabio and Speaker Abbas are constitutionally bound to act decisively. Their failure to do so erodes the credibility of the National Assembly as a guardian of constitutional governance.

 Safeguarding Democratic Integrity

 3. Erosion of Representation:

Democracy thrives on accountability and representation. By refusing to resign, Okpebholo and Idahosa deny their constituencies rightful representation, thereby undermining the democratic foundations of the National Assembly. This is not merely a legal infraction—it is an affront to Nigeria’s democratic ethos, weakening public trust in the institutions designed to serve them.

 4. Immediate Call for Bye-Elections:

The Independent National Electoral Commission (INEC) must act promptly to conduct bye-elections for these now-vacant seats. Such elections are essential to restoring both the legitimacy and functionality of the legislative body. The ongoing retention of these positions by ineligible individuals establishes a dangerous precedent that must be addressed immediately to prevent further erosion of the rule of law.

 Implications for Democratic Governance

 This situation transcends the specific case of Edo State and speaks to the broader imperative of upholding the Constitution as the ultimate arbiter in governance. If this breach is allowed to persist, it risks entrenching a culture of impunity, where elected officials believe they can flout constitutional mandates without consequence. Nigeria’s democracy is resilient but not invulnerable. Its strength lies in the unwavering adherence to the rule of law by those entrusted with leadership.

 6. Global Scrutiny and Accountability:

 As Africa’s largest democracy, Nigeria is under international observation. The world is watching how this constitutional impasse is resolved. Chief Akpabio and Speaker Abbas, the choice before you are clear: honor your constitutional duty, declare these seats vacant, and permit INEC to organize bye-elections for the constituents of Esan Central and Ovia Federal Constituencies.

 A Moment of Constitutional Reckoning:

 History will judge the actions taken in this critical moment. Will you choose to uphold the Constitution and serve as stewards of justice, or will you allow the rule of law to be compromised under your leadership? The people of Nigeria, democracy itself, and the global community demand decisive action.

 The time to act is now.

 Fellow Compatriot,

Clifford Ogbeide

Public Policy Analyst

Lake District, Alberta, Canada