The Peoples Democratic Party has called upon the Independent National Electoral Commission to schedule new elections to fill the 25 vacancies in the Rivers State House of Assembly. The party contends that this request aligns with Section 109 (1) (g) of the Nigerian constitution.
The PDP argues that there is no remedy available for the 25 members of the Rivers State House of Assembly who defected from the party to the All Progressives Congress. According to the PDP, these lawmakers vacated and lost their seats in accordance with Section 109 (1)(g) of the Nigerian Constitution.
In a statement released on Tuesday by the acting National Chairman of the PDP, Umar Iliya Damagum, the party emphasized that the only option for the former lawmakers, if they wish to return to the House of Assembly, is to seek fresh nomination and re-election on the platform of any political party of their choice, following constitutional provisions.
The PDP dismisses claims of division within the party, asserting that the defection of the 25 former members of the Rivers State House of Assembly was not justified by any internal rift. The party insists that the former lawmakers cannot return to their seats without undergoing a fresh electoral process as mandated by the Constitution and the Electoral Act of 2022.
The statement also references the Speaker of the Rivers State House of Assembly, Rt. Hon (Barr) Ehie O. Edison, who officially declared the seats of the defected members vacant in line with Section 109 (1)(g) of the 1999 Constitution (as amended). The PDP contends that the House of Assembly cannot readmit the former lawmakers without a new election.
“Our Party insists that having now vacated and lost their seats, the only option available for the former lawmakers, if they wish to return 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 officially declared the seats 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.
The PDP calls on the former members of the Rivers State House of Assembly not to be misled by false assurances and advises them against believing claims that they can return without a fresh election or that INEC can be prevented from conducting new elections in the 25 constituencies where vacancies occurred due to defection.
The party demands that INEC, in accordance with the relevant constitutional provisions, fix a date for the conduct of fresh elections in the 25 state constituencies in Rivers State where vacancies have occurred due to the defection of the former members, pending any court determinations.
