PDP chairman calls on INEC to conduct bye-elections in Rivers over Lawmakers’ defection to APC

The acting National Chairman of the Peoples Democratic Party (PDP), Umar Damagun, has called on the Independent National Electoral Commission (INEC) to organize bye-elections to fill 27 vacant seats in the Rivers State House of Assembly following the defection of lawmakers to the All Progressives Congress (APC).

In a letter dated November 13, 2024, addressed to INEC, Damagun argued that the defections violated Section 109(1)(g) of the Nigerian Constitution, which prohibits lawmakers from retaining their seats after switching parties unless their former party is in crisis.

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 shared with journalists by Ikenga Ugochinyere, spokesperson for the Opposition Lawmakers Coalition, during a press conference in Akokwa, Imo State.

Damagun described the lawmakers’ defection on December 11, 2023, as “unlawful” and urged INEC to fulfill its constitutional mandate by initiating fresh elections to fill the vacancies.

Parts of the letter 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 State House of Assembly on 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.”