The acting National Chairman of the Peoples Democratic Party, Umar Damagun, has called on the Independent National Electoral Commission to organize a bye-election for the 27 members of the Rivers State House of Assembly who recently defected to the All Progressives Congress.
Damagun made the request in a letter addressed to INEC, dated November 13, 2024.
The letter was made public on Sunday by Ikenga Ugochinyere, the spokesman of the Opposition Lawmakers Coalition, during a press conference in Akokwa, Imo State.
The letter, titled “Demand for Immediate Conduct of Fresh Election in 27 State Constituencies of Rivers State,” emphasizes the violation of the Nigerian Constitution by the lawmakers who defected on December 11, 2023.
Damagun highlighted that, according to Section 109(1)(g) of the Constitution, the lawmakers’ defection made them no longer members of the state Assembly, according to Ripples Nigeria.
In the letter, Damagun pointed out the unlawful nature of the defection, stressing that the lawmakers, elected under the PDP banner, had abandoned their party for the APC.
He further explained that under the Constitution, defection from a political party is only permitted under specific conditions, none of which applied in this case. Therefore, he argued that the defected lawmakers had vacated their seats in the assembly, and fresh elections were necessary to fill the vacancies created by their actions.
The letter also recalled that the PDP had nominated all 32 candidates for the Rivers State House of Assembly in the 2023 general elections, and that the party had won 32 seats in the assembly. Following the election, the members were inaugurated in June 2023, but by December of the same year, 27 of them publicly announced their defection to the APC.
Damagun, through the letter, urged INEC to fulfill its constitutional responsibility and initiate the process for conducting a bye-election in the affected constituencies. The PDP also included a list of the 27 lawmakers and their respective constituencies in the correspondence.
The letter read in part: “The Leadership of our great party, the Peoples Democratic Party (PDP) wishes to draw the attention of the Commission to the gross violation of Section 109 (1)(g) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) by 27 members of the Rivers State House of Assembly following their unlawful defection from our Party, the PDP who sponsored their elections to the All Progressive Congress (APC) on Monday, December 11, 2023.
“The Commission may recall that our Party, the PDP nominated all our 32 State House of Assembly candidates in Rivers State for the 2023 General Election on the 7th of July 2022 via your electronic candidate election nomination portal (See attached acknowledgement).
“The Commission may also recall that following the nomination, the Commission conducted election into the Rivers State House of Assembly on the 18th of March, 2023 and our Party won 32 seats in the state Assembly. The elected State House of Assembly members were inaugurated and sworn-in on June, 2023.
“However, on Monday, 11 December, 2023 a period of just six (6) months after inauguration, 27 out of the 32 members publicly announced their defection from our Party to the All Progressive Congress (APC). This defection is a gross violation of Section 109(1)(g) of the Constitution of the Federal Republic of Nigeria 1999 (As amended).
“The only two grounds of division and merger provided for in the Constitution that permit such defection is completely non-existent in our political Party. 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.
“In view of the foregoing, we hereby demand that the Commission performs its constitutional duties and begin 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. Find attached the list of the 27 State Assembly Members and their Constituencies.
“While thanking the Commission for its commitment to deepening democracy in our country, please accept the assurances of our highest regards.”
