The Peoples Democratic Party (PDP) has posited that following the defection of 27 of its members in the Rivers State House of Assembly to the All Progressives Congress (APC), their seats have become automatically vacant.
It has therefore called on the Independent National Electoral Commission (INEC) to immediately commence the conduct of fresh elections in their constituencies.
This is contained in a statement issued on Monday by Debo Ologunagba, National Publicity Secretary, which asserted that by defecting from the PDP, the political party platform on which they were elected into the House of Assembly, the seats of the respective 27 former lawmakers have become vacant by virtue of the provision of Section 109 (1)(g) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
The statement pointed out: “For the avoidance of doubt, Section 109 (1) of the 1999 Constitution provides that a member of a House of Assembly shall vacate his seat in the House if… (g) being a person whose election to the House of Assembly was sponsored by a political party, he becomes a member of another political party before the expiration of the period for which that House was elected…
“By reason of the above Constitutional provision and its clear interpretation by the Supreme Court, the 27 defected members of the Rivers State House of Assembly have vacated and lost their seats, rights, privileges, recognition, and obligations accruable to members of the Rivers State House of Assembly.”
The PDP therefore demanded that the Speaker of the Rivers State House Assembly immediately comply with the provisions of the Constitution by declaring the seats of the 27 former lawmakers vacant.
“In view of the vacancies now existing in the 27 state constituencies in Rivers State, the PDP demands that INEC, within the stipulated period under the Constitution of the Federal Republic of Nigeria, 1999 (as amended), conduct fresh elections to fill the vacancies,” the statement added.
The PDP cautioned that “the former lawmakers” should stop parading themselves as members of the Rivers State House of Assembly, as such would amount to impersonation with serious criminal consequences.
The party commended the people of Rivers State “for their steadfastness and loyalty to democracy and the rule of law, especially at this time.”
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