…says no remedy for 25 former Assembly members
…counsels them to prepare for fresh election
Weighing in on developments in the political crisis in Rivers State, the People’s Democratic Party (PDP) says there is no remedy for its 25 former members in the Rivers State’s House of Assembly who recently defected to the All Progressives Congress (APC).
The PDP adds that by virtue of Section 109 (1)(g) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) the said 25 persons had vacated and lost their seats by reason of defection from the PDP, the party platform upon which they were elected into the Rivers State House of Assembly.
Amb. Umar Iliya Damagum , Acting National Chairman of the PDP made this statement Tuesday, at a press conference called by the National Working Committee of the party to address recent political developments in Rivers State.
Damagum asserted: “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 further added: “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 DSSRS officially declared the seat 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.
“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 election 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 Courts have powers 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 election under this Act pending the determination of the suit.”
“The PDP demands that INEC should, in line with Section 109 (1) (g) of the 1999 Constitution (as amended) and Section 84 (15) of the Electoral Act, 2022, fix a date for the conduct of fresh election into the 25 State Constituencies in Rivers State where vacancies have occurred by reason of the defection of the now former members of the Rivers State House of Assembly, pending the determination of any suit in any court.
“The national leadership of the PDP charges all members of our great Party in Rivers State to remain united and resolute in the defence of Constitutional democracy and Rule of Law in Rivers State”,the statement further read.
The rift between Wike and Fubara, who are considered political godfather and godson, split lawmakers in the House with an estimated 27 of them decamping from the People’s Democratic Party (PDP) to the ruling All Progressives Congress (APC), a party in whose central government Wike currently serves as minister.
The feud also saw the emergence of parallel sittings, an impeachment plot against the governor, the demolition of the Assembly complex, and a gale of resignations of pro-Wike commissioners in Fubara’s cabinet.
The President and some elder statesmen had intervened in the crisis earlier in October but it degenerated into a full-blown fight.
After a meeting superintended by President Bola Tinubu on Monday, however, the warring parties agreed that all matters instituted in the courts by Fubara, and his team, be withdrawn immediately.
A number of other agreements were reached which politics watchers say were lopsided in favour of Wike.
Leader of the Pan-Niger Delta Forum (PANDEF), Pa Edwin Clark, has described as an “imposed settlement”, the truce reached between Governor Siminalayi Fubara and his predecessor, Nyesom Wike, who is now the Minister of the Federal Capital Territory (FCT).
