The Peoples Democratic Party PDP, has said that the 25 members of the Rivers State House of Assembly who defected to the All Progressive Congress at the peak of the impasse between Governor Simi Fubara and his predecessor, Nyesom Wike have lost their seats and can only return to the assembly by participating in a fresh election to be conducted by the Independent National Electoral Commission INEC.
This was contained in the text of a press conference granted by the Acting National Chairman of the party, Amb Umar IIiya Damagum, after an emergency meeting of the party’s National Working Committee NWC.
Recall, that 25 members of the Rivers State House of Assembly, as an act of solidarity for the former Governor of the State, Nyesom Wike, who is the current Minister of the Federal Capital Territory FCT defected from the PDP to the All Progressive Congress APC.
Their defection, according to political pundits, by virtue of the relevant sections of the 2023 Electoral Act, makes their seats vacant.
Based on this, the factional Speaker, of the House, Barr Ehie, who is said to be loyal to Governor Fubara, declared their seats vacant and officially wrote the INEC to conduct fresh election for the purpose of filing the 25 vacant seats.
The release issued by the PDP, dated December, 19, 2023, reads, “The Peoples Democratic Party (PDP) asserts that there is no remedy for the 25 former members of the Rivers State House of Assembly who by virtue of Section 109 (1)(g) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) vacated and lost their seats by reason of defection from the PDP, the Party platform upon which they were elected into the House of Assembly.
Our Party insists that having now vacated and lost their seats, the only option available for the former lawmakers, if they wish toreturn to the House of Assembly, is to seek fresh nomination and re-election on the platform of any political party of their choice in line with the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and the Electoral Act, 2022.
The 25 former Rivers lawmakers freely and without any cause vacated their seats, being fully aware of the consequences of defection from the Party upon which they were elected into the Rivers State House of Assembly without the conditions stipulated by the 1999 Constitution”.
“For the avoidance of doubt, there is no division in the PDP at the national or any other level for that matter to justify the defection of the 25 former members of the Rivers State House of Assembly from the Party”.
“They therefore vacated their seats for reasons best known to them and cannot return to the House of Assembly without passing through a fresh electoral process in accordance with the provisions of the 1999 Constitution (as amended) and the Electoral Act, 2022”.
Moreover, the Speaker of the Rivers State House of Assembly Rt. Hon (Barr) Ehie O. Edison DSSRS officially declared the seat of the defected now former members vacant in line with Section 109 (1)(g) of the 1999 Constitution (as amended).
The Rivers State House of Assembly, having become Functus Officio on the matter cannot re-admit the former lawmakers unless through the channel of a fresh election.
“Our Party therefore counsels the former members of the Rivers State House of Assembly not to be deceived by anybody giving them the false hope and impracticable assurances in Abuja that they can return to the Rivers State House of Assembly without a fresh election or that the Independent National Electoral Commission (INEC) can be stopped from conducting fresh election into the 25 Rivers State Constituencies where vacancies have occurred by reason of their defection.
“For emphasis Section 84 (15) of the Electoral Act, 2022 is clear in providing that no Courts have powers to stop INEC from conducting elections wherever and whenever a vacancy occurs in any electoral constituency”.
For clarity Section 84 (15) of the Electoral Act, 2022 provides that.
“Nothing in this section shall empower the Courts to stop the holding of primaries or general election under this Act pending the determination of the suit”.
The PDP demands that INEC should, in line with Section 109 (1) (g) of the 1999 Constitution (as amended) and Section 84 (15) of the Electoral Act, 2022, fix a date for the conduct of fresh election into the 25 State Constituencies in Rivers State where vacancies have occurred by reason of the defection of the now former members of the Rivers State House of Assembly, pending the determination of any suit in any court.
The national leadership of the PDP charges all members of our great Party in Rivers State to remain united and resolute in the defence of Constitutional democracy and Rule of Law in Rivers State”.
