Pro-Wike Lawmakers: PDP Asks INEC To Conduct Fresh Elections For Vacant Rivers Lawmaker Seats

The Acting National Chairman of the Peoples Democratic Party (PDP), Umar Damagun, has called on the Independent National Electoral Commission (INEC) to organise a bye-election to fill the seats of 27 Rivers State lawmakers who defected from the PDP to the All Progressives Congress (APC).

Damagun’s request was formalised in a letter to INEC dated 13th November, 2024.

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 by Ikenga Ugochinyere, spokesperson for the Opposition Lawmakers Coalition, during a press conference held in Akokwa, Imo State, on Sunday.

In the letter, Damagun condemned the defection of the 27 lawmakers from the Rivers State House of Assembly on 11th December 2023, describing it as an illegal act.

He argued that under Section 109(1)(g) of the Nigerian Constitution, the lawmakers’ switch to the APC rendered them no longer members of the Assembly.

The PDP Chairman urged INEC to carry out its constitutional duty and initiate fresh elections to fill the vacancies caused by the defections.

He emphasized that the defection violated the provisions of the Constitution, as no grounds for such a move existed within the PDP.

Damagun’s letter also reminded INEC of the party’s earlier nomination of candidates for the 2023 Rivers State House of Assembly elections, where the PDP secured 32 seats.

However, he noted that only six months after the lawmakers’ inauguration in June 2023, 27 of them publicly switched allegiance to the APC.

The letter partly read, “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 Stare House of Assembly 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.”