The Peoples Democratic Party (PDP) has urged the Independent National Electoral Commission (INEC) to conduct fresh elections in 27 state constituencies of Rivers State. This call follows the controversial defection of 27 lawmakers from the PDP to the All Progressives Congress (APC) on December 11, 2023.
In a letter dated November 13, 2024, and signed by the party’s Acting National Chairman, Umar Damagun, the PDP highlighted what it termed a “gross violation” of the Nigerian Constitution. The letter, made public during a press briefing by Ikenga Ugochinyere, the spokesperson for the Opposition Lawmakers Coalition, stressed the urgency of filling the now-vacant seats.
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”, points to Section 109(1)(g) of the Nigerian Constitution, which declares that lawmakers who defect from the party that sponsored their election must vacate their seats unless there is a lawful reason, such as a party merger or division. According to the PDP, no such grounds exist in this case.
The PDP further stated that these 27 lawmakers, out of the 32 elected in Rivers State, had been sworn in just six months earlier in June 2023. The party claims their sudden switch to the APC undermines the principles of democracy and violates constitutional provisions.
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 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.”
