The Senate Leader of Nigeria, Opeyemi Bamidele, has demanded that the seat of Senator Enyinnaya Abaribe be declared vacant following his defection from the All Progressives Grand Alliance (APGA) to the African Democratic Congress (ADC). Bamidele made the statement on Thursday during a plenary session, reacting to the defection of Abaribe and at least eight other senators from various parties, including the Peoples Democratic Party (PDP) and the Labour Party (LP), to the ADC.
Citing Section 68(1b) of the Nigerian Constitution, Bamidele argued that Abaribe’s action automatically disqualifies him from holding his seat. The provision states that a legislator’s seat becomes vacant if they cease to be a member of the political party under whose platform they were elected, barring certain exceptions. “It says any other circumstance that’s including being served by a political party that would have made you ineligible for election as a member. It is very clear,” Bamidele stated, emphasizing his legal expertise.
The Senate Leader suggested a path for resolution, offering Abaribe an opportunity to withdraw his defection letter to remain in the chamber. However, he warned that without such a move, the Senate faces a constitutional dilemma. “Today, he’s not a member of any political party. He’s not part of the majority, he’s not part of the minority side, unless we are going to create a third aisle for people who don’t belong to either the majority or the minority, which the constitution has said must not happen,” Bamidele added.
This incident highlights the ongoing fluidity in Nigeria’s political landscape, where legislators frequently switch parties, often citing structural or ideological differences. The defection of nine senators in a single day underscores significant realignments ahead of future elections. The immediate implication is a potential test of the Senate’s adherence to constitutional provisions on party loyalty and membership.
The matter now hinges on whether the Senate President will refer the issue to the relevant committee for a formal determination, as is customary. Abaribe’s response to the ultimatum and the Senate’s collective action will set a critical precedent for handling defections in the current assembly. The situation also raises questions about the operational viability of a chamber where members without party affiliation challenge the established majority-minority dynamic prescribed by law.
