The Peoples Democratic Party (PDP) has urged the Independent National Electoral Commission (INEC) to promptly set a date for conducting fresh elections to fill the 25 vacancies in the Rivers State House of Assembly.
In a statement released on Tuesday, PDP’s acting National Chairman, Umar Iliya Damagum, pointed out that the party’s demand aligns with Section 109 (1) (g) of the Nigerian constitution. According to PDP, there is no recourse for the 25 lawmakers who defected from the party to the All Progressives Congress (APC).
PDP emphasized that, as per Section 109 (1)(g) of the Nigerian Constitution, the legislators automatically vacated their seats upon defection from the party. The party stressed that the only route for the former lawmakers to rejoin the House of Assembly is to pursue fresh nomination and re-election with any political party of their choice, consistent with the Constitution of the Federal Republic of Nigeria, 1999 (as amended), and the Electoral Act, 2022.
The statement further underscored that there is no internal division in the PDP at any level to justify the defection of the 25 former members of the Rivers State House of Assembly. Thus, they cannot reclaim their seats without undergoing a fresh electoral process, as stipulated by the Constitution and the Electoral Act.
Moreover, the Speaker of the Rivers State House of Assembly, Rt. Hon (Barr) Ehie O. Edison, officially declared the seats of the defected lawmakers vacant in line with Section 109 (1)(g) of the 1999 Constitution (as amended). Consequently, the House of Assembly has become Functus Officio on the matter and cannot readmit the former lawmakers without a fresh election.
Addressing the former members, PDP cautioned against false hope and impracticable assurances, stressing that they cannot return to the House of Assembly without a fresh election. PDP also emphasized that neither the former lawmakers nor any other entity can impede INEC from conducting fresh elections in the 25 Rivers State Constituencies where vacancies have arisen due to defection.
The party, citing Section 84 (15) of the Electoral Act, 2022, asserted that no court has the authority to prevent INEC from conducting elections whenever a vacancy occurs in any electoral constituency.
PDP demanded that INEC, in accordance 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 elections in the 25 State Constituencies in Rivers State where vacancies have emerged due to the defection of the former members of the House of Assembly, pending any court rulings.
The national leadership of the PDP encouraged all members of the party in Rivers State to stand united and resolute in defending constitutional democracy and the rule of law in the state.
