It drew the Commission’s attention to the “unlawful” defection of 27 members of the Rivers State House of Assembly on December 11, 2023.
The acting National Chairman of the Peoples Democratic Party (PDP) Umar Damagun, has asked the Independent National Electoral Commission (INEC) to conduct a bye election to fill up their seats, following their defection to the All Progressives Congress, APC.
Damagun’s request was contained in a letter he addressed to INEC.
The Certified True Copy of the letter is dated 13th November, 2024.
The spokesperson of the Opposition Lawmakers Coalition, Ikenga Ugochinyere made the letter available to journalists at a press conference in Akokwa, Imo State, on Sunday.
The letter is 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.”
It drew the Commission’s attention to the “unlawful” defection of 27 members of the Rivers State House of Assembly on December 11, 2023.
According to the letter, going by provisions of the Constitution, the lawmakers are no longer members of Assembly.
The PDP acting chairman therefore urged the Commission to performs its constitutional duties and begin the process of conducting fresh elections to fill the vacancies created in the 27 state constituencies by the unlawful act of the former Assembly members.
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.”