Rivers Crisis: PDP Calls for INEC to Set New Election Date for 25 Lawmakers
The Peoples Democratic Party (PDP) is urging the Independent National Electoral Commission (INEC) to schedule new elections for 25 vacant seats in the Rivers State House of Assembly, citing compliance with Section 109 (1) (g) of the Nigerian constitution. The demand comes in response to the defection of the 25 lawmakers from PDP to the All Progressives Congress (APC).
According to PDP, the defection triggered the vacation of the lawmakers’ seats, as outlined in Section 109 (1)(g) of the Nigerian Constitution. The party, through its acting National Chairman, Umar Iliya Damagum, asserted that the only recourse for the former lawmakers, who wish to return to the House of Assembly, is to pursue fresh nomination and re-election under any political party, adhering to constitutional provisions and the Electoral Act of 2022.
The statement released on Tuesday emphasized that the 25 ex-Rivers lawmakers knowingly and voluntarily vacated their seats, fully aware of the consequences of defection without meeting the conditions stipulated by the 1999 Constitution.
To clarify, the People’s Democratic Party (PDP) asserts that there is no internal division at the national or any other level justifying the defection of the 25 former members of the Rivers State House of Assembly. They emphasize that these members voluntarily vacated their seats and cannot return without undergoing a fresh electoral process as mandated by the 1999 Constitution (as amended) and the Electoral Act, 2022.
Furthermore, the Speaker of the Rivers State House of Assembly, Rt. Hon (Barr) Ehie O. Edison, officially declared the seats of the defected members vacant in accordance with Section 109 (1)(g) of the 1999 Constitution (as amended). The statement emphasizes that the Rivers State House of Assembly, having fulfilled its duty in this matter, cannot readmit the former lawmakers except through a new election.
The PDP advises the former members not to be misled by false assurances in Abuja, suggesting a return to the Rivers State House of Assembly without a fresh election. It clarifies that Section 84 (15) of the Electoral Act, 2022, explicitly states that no court has the authority to prevent the Independent National Electoral Commission (INEC) from conducting elections in constituencies where vacancies have arisen due to defection.
To clarify, Section 84 (15) of the Electoral Act, 2022 explicitly states: “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.”
The PDP is calling on INEC to adhere to the provisions of Section 109 (1) (g) of the 1999 Constitution (as amended) and Section 84 (15) of the Electoral Act, 2022. The party requests that INEC promptly set a date for conducting fresh elections in the 25 State Constituencies in Rivers State where vacancies have arisen due to the defection of the former members of the Rivers State House of Assembly. This should occur pending the resolution of any legal disputes in the courts.
The national leadership of the PDP urges all members in Rivers State to remain unified and steadfast in upholding Constitutional democracy and the Rule of Law in the state.