The National Working Committee (NWC) of the Peoples Democratic Party (PDP) has advocated for new elections to replace the purported 25 vacant seats in the Rivers State Assembly, a decision reached during an emergency meeting held in Abuja on Tuesday.
Amb. Umar Iliya Damagum, the interim national chairman of the party, conveyed the outcome of the meeting to reporters, clarifying that the meeting was called to discuss ongoing political changes in Rivers State.
Damagum stated, “The 25 former members” of the party should prepare for fresh polls if they intend to return to the legislature because “there is no remedy for them.”
He noted that, by virtue of Section 109 (1)(g) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the former lawmakers had vacated their seats due to defection from the PDP, the platform upon which they were initially elected.
“The Peoples Democratic Party (PDP) asserts that there is no remedy for the 25 former members of the Rivers State House of Assembly who by virtue of Section 109 (1)(g) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), vacated and lost their seats by reason of defection from the PDP, the party platform upon which they were elected into the House of Assembly.
“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.”
He pointed out that the vacated seats were declared empty by the Speaker of the Rivers State House of Assembly, Hon (Barr) Ehie O. Edison, in alignment with the constitutional provision, hence reinstating them would necessitate a fresh electoral process.
Damagum cautioned against deceptive assurances claiming a return to the House of Assembly without a new election, stressing the importance of adhering to constitutional provisions and the Electoral Act, 2022.
He said, “Moreover, the Speaker of the Rivers State House of Assembly, Rt. Hon (Barr) Ehie O. Edison, DSSRS, officially declared the seats of the defected and 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.
“Our Party, therefore, counsels the former members of the Rivers State House of Assembly not to be deceived by anybody giving them the false hope and impracticable assurances in Abuja that they can return to the Rivers State House of Assembly without a fresh election or that the Independent National Electoral Commission (INEC) can be stopped from conducting fresh elections into the 25 Rivers State Constituencies where vacancies have occurred by reason of their defection.
“For emphasis, Section 84 (15) of the Electoral Act, 2022, is clear in providing that no court has the power to stop INEC from conducting elections wherever and whenever a vacancy occurs in any electoral constituency.
“For clarity, Section 84 (15) of the Electoral Act, 2022, provides that: “Nothing in this section shall empower the courts to stop the holding of primaries or general elections under this Act pending the determination of the suit.”
He urged the Independent National Electoral Commission (INEC) to schedule fresh elections into the 25 Rivers State Constituencies where vacancies occurred due to defections, following the legal stipulations outlined in the Electoral Act, 2022.
The PDP called upon its members in Rivers State to stand united in upholding constitutional democracy and the rule of law amidst the ongoing developments in the state.
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