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Following the defection of 27 lawmakers of the Rivers State House of Assembly from the Peoples Democratic Party, PDP, to the All Progressives Congress, APC, on Monday, the former has demanded that the Independent National Electoral Commission, INEC, immediately commence the process of conducting fresh elections into the 27 State Constituencies in Rivers State.
Acccording to the Party, the 27 seats become vacant by reason of the defection of the 27 lawmakers of the Assembly.
Describing them as former State lawmakers in the Rivers State House of Assembly, the party asserted that by defecting from the PDP, the political Party platform on which they were elected, the seats of the lawmakers have become vacant.
The Party relied on the provision of Section 109 (1) (g) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
PDP, in a statement by its spokesman, Hon. Debo Ologunagba said, "for the avoidance of doubt, Section 109 (1) of the 1999 Constitution provides that 'a member of a House of Assembly shall vacate his seat in the House if … (g) being a person whose election to the House of Assembly was sponsored by a political Party, he becomes a member of another political party before the expiration of the period for which that House was elected…'
"By reason of the above Constitutional provision and its clear interpretation by the Supreme Court, the 27 defected members of the Rivers State House of Assembly have vacated and lost their seats, rights, privileges, recognition and obligations accruable to members of the Rivers State House of Assembly."
The PDP therefore demanded that the Speaker of the Rivers State House Assembly immediately comply with the provision of the Constitution by declaring the seats of the 27 former lawmakers vacant.
"In view of the vacancy now exiting in the 27 State Constituencies in Rivers State, the PDP demands that INEC should within the stipulated period under the Constitution of the Federal Republic of Nigeria, 1999 (as amended) conduct fresh election to fill the vacancies," the party said.
PDP cautioned that the former lawmakers should stop parading themselves as members of the Rivers State House of Assembly as such would amount to impersonation with serious criminal consequences.
The PDP commended the people of Rivers State for their steadfastness and loyalty to Democracy and Rule of Law especially at this time.
In the same vein, a group under the aegis of Centre for Reform and Public Advocacy, has called on the INEC to conduct a bye-election to fill the vacancy in the Rivers state House of Assembly created by the defection of the 27 PDP members.
"In view of the foregoing, we respectfully implore you to commence the process of conducting a bye election in Rivers State to fill the said vacancies," the group said.
The group, in its letter to INEC Chairman, Prof. Mahmood Yakubu, by its Legal Adviser, Kalu Kalu Agu, threatened to carry out legal action against INEC if it fails to comply with the provisions of the Constitution on the issue.
Explaining the implications of the defection to INEC, the non-governmental organization with the object of advocating for good governance said, "by virtue of Section 109(1)(g) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the said Twenty Seven (27) PDP MEMBERS of the Rivers State House of Assembly have lost their membership of the Rivers State House of Assembly.
"Take note that in the event you fail to heed to our demand within forty eight hours of receipt of this letter, we shall commence a legal action to compel you to comply with the provisions of the 1999 Constitution."
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