The Peoples Democratic Party (PDP) has called on the Independent National Electoral Commission (INEC) to organize bye-elections to replace 27 members of the Rivers State House of Assembly who defected to the All Progressives Congress (APC).
The acting National Chairman of the PDP, Umar Damagun, outlined the party’s demands in a letter dated November 13, 2024, accusing the lawmakers of violating constitutional provisions. The letter, titled “Demand for Immediate Conduct of Fresh Election in 27 State Constituencies of Rivers State Which Have Become Vacant Pursuant to Section 109 (1)(g) of the Constitution”, was made public at a press conference in Akokwa, Imo State, by Ikenga Ugochinyere, spokesperson of the Opposition Lawmakers Coalition.
Damagun’s letter highlighted that the 27 lawmakers defected on December 11, 2023, just six months after being sworn in. He argued that their defection contravened Section 109(1)(g) of the Nigerian Constitution, which stipulates that lawmakers must vacate their seats if they defect from the party that sponsored their election unless a legitimate division or merger exists within their party.
“The only two grounds of division and merger provided for in the Constitution that permit such defection are completely non-existent in our political party,” Damagun stated in the letter. “It therefore means that the defections of the 27 members are without lawful excuse, and these members have vacated their seats in the Rivers State House of Assembly by the operations of Section 109(1)(g) of the 1999 Constitution.”
The letter also detailed the PDP’s performance in the 2023 general elections. According to Damagun, the PDP nominated candidates for all 32 seats in the Rivers State House of Assembly, winning all positions during the March 18 elections. The lawmakers were inaugurated in June 2023, making their defection a significant setback for the party.
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Damagun urged INEC to fulfill its constitutional role by initiating the process for fresh elections in the affected constituencies. “We hereby demand that the Commission performs its constitutional duties and begins the process of conducting a fresh election to fill the vacancies created in the 27 state constituencies by the unlawful act of the Assembly members,” the letter read.
He emphasized the PDP’s commitment to upholding democratic principles, stating, “The leadership of our great party wishes to draw the attention of the Commission to this gross violation and seeks immediate action to safeguard the integrity of our democracy.”
INEC has yet to issue an official statement regarding the PDP’s demand. However, the call for bye-elections raises questions about party loyalty, legislative accountability, and the legal implications of defections in Nigerian politics.