The Labour Party has approached the Federal High Court in Port Harcourt, Rivers State, seeking a declaration that the 27 members of the Rivers State House of Assembly, who recently defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC), have vacated their seats. The party is urging the court to instruct the Independent National Electoral Commission (INEC) to conduct bye-elections within 90 days to fill the resulting vacancies.
Citing suit number FHC/PH/CS/25/2024, the Labour Party contends that the lawmakers’ defection on December 11, 2023, violates Section 109(1)(g) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). The party argues that the lawmakers’ reason for defection, a legal dispute over the PDP’s National Secretary position, does not meet constitutional defection requirements.
Seeking alignment with the Supreme Court decision in Abegunde v Ondo State House of Assembly (2015), the Labour Party asserts that the lawmakers’ seats automatically became vacant upon defection, rendering them non-members of the Rivers State House of Assembly. The party further seeks an injunction restraining the defected lawmakers from sitting or presenting themselves as current Assembly members.
Moreover, the Labour Party requests the court to declare its eligibility, under constitutional provisions, to sponsor members as candidates in INEC-conducted bye-elections for the 27 vacant seats.
The widely reported defection, which included the Speaker and Deputy Speaker of the Rivers State House of Assembly, prompted the PDP to call for fresh elections in the affected constituencies. Despite this, INEC has yet to announce plans for bye-elections. The case is poised to test constitutional provisions on elected officials’ defection and may have substantial ramifications for Rivers State’s political landscape and beyond. The Labour Party’s legal pursuit underscores opposition parties’ increasing role in holding elected officials accountable and ensuring compliance with constitutional mandates.
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