Elder statesman and convener of the Pan Niger Delta Forum (PANDEF), Chief Edwin Clark, has called on the Independent National Electoral Commission (INEC) to organize by-elections to fill vacant seats in the Rivers State House of Assembly. Clark made this demand in an open letter to INEC Chairman, Mahmood Yakubu, citing constitutional violations by the defected lawmakers.
Clark accused the 27 former members of the Rivers State House of Assembly of violating Section 109(1)(g) of the 1999 Constitution (as amended), which states that lawmakers who defect from the political party on whose platform they were elected must vacate their seats unless there is a division in the party. He noted that there is no crisis within the Peoples Democratic Party (PDP), the party from which the lawmakers defected, and as such, their seats should be declared vacant.
“The seats of the 27 former members of the Rivers State House of Assembly have been vacant for more than one year after the former holders vacated them, thus depriving the people of the affected constituencies of representation in the state house of assembly,” Clark wrote.
He expressed disappointment that INEC has not fulfilled its statutory duty of conducting by-elections to ensure proper representation for the affected constituencies.
“By their actions, going by Section 109(1)(g), those 27 persons have automatically and immediately, without reversal, lost their seats,” Clark stated.
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He also accused the defected lawmakers, including Martin Amawhule, of seeking to manipulate the situation.
“They are still parading themselves as members of the Rivers State House of Assembly, attempting to turn the issue on its head, claiming they did not defect. They are shopping from one court to another for favorable judgments,” he added.
Clark emphasized that the constitution is the supreme law and urged INEC to act swiftly to uphold its provisions.
“I plead with the Chairman of INEC to, without delay, conduct a by-election to fill the vacant seats and give adequate representation to the people of the affected constituencies,” he concluded.