The Peoples Democratic Party (PDP), on Tuesday, insisted that the seat of the 25 members who defected to the All Progressives Congress (APC) remained vacant while calling on the Independent National Electoral Commission, INEC, to set a date to conduct fresh elections to vacancies in the Rivers State House of Assembly.
In an emergency meeting held in Abuja, PDP stated that its demand was in line with Section 109 (1) (g) of the Nigerian constitution, adding that there is no remedy for the 25 members of the Rivers State House of Assembly who defected from the party to the All Progressives Congress, APC.
PDP said under Section 109 (1)(g) of the Nigerian Constitution, the lawmakers vacated and lost their seats after defecting from the party.
A statement released on Tuesday by PDP acting National Chairman, Umar Iliya Damagum, said: “Our Party insists that having now vacated and lost their seats, the only option available for the former lawmakers, if they wish to return to the House of Assembly, is to seek fresh nomination and re-election on the platform of any political party of their choice in line with the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and the Electoral Act, 2022.
“The 25 former Rivers lawmakers freely and without any cause vacated their seats, being fully aware of the consequences of defection from the Party upon which they were elected into the Rivers State House of Assembly without the conditions stipulated by the 1999 Constitution.
“For the avoidance of doubt, there is no division in the PDP at the national or any other level for that matter to justify the defection of the 25 former members of the Rivers State House of Assembly from the Party. They, therefore, vacated their seats for reasons best known to them and cannot return to the House of Assembly without passing through a fresh electoral process in accordance with the provisions of the 1999 Constitution (as amended) and the Electoral Act, 2022.
“Moreover, the Speaker of the Rivers State House of Assembly, Rt. Hon (Barr) Ehie O. Edison officially declared the seats of the defected now former members vacant in line with Section 109 (1)(g) of the 1999 Constitution (as amended). The Rivers State House of Assembly, having become Functus Officio on the matter, cannot re-admit the former lawmakers unless through the channel of a fresh election.
“Our Party, therefore, counsels the former members of the Rivers State House of Assembly not to be deceived by anybody giving them the false hope and impracticable assurances in Abuja that they can return to the Rivers State House of Assembly without a fresh election or that the Independent National Electoral Commission (INEC) can be stopped from conducting fresh election into the 25 Rivers State Constituencies where vacancies have occurred by reason of their defection.
“For emphasis, Section 84 (15) of the Electoral Act 2022 is clear in providing that no Courts have powers to stop INEC from conducting elections wherever and whenever a vacancy occurs in any electoral constituency.
“For clarity, Section 84 (15) of the Electoral Act 2022 provides that: “Nothing in this section shall empower the Courts to stop the holding of primaries or general election under this Act pending the determination of the suit.”
“The PDP demands that INEC should, in line with Section 109 (1) (g) of the 1999 Constitution (as amended) and Section 84 (15) of the Electoral Act, 2022, fix a date for the conduct of fresh elections into the 25 State Constituencies in Rivers State where vacancies have occurred by reason of the defection of the now former members of the Rivers State House of Assembly, pending the determination of any suit in any court.
“The national leadership of the PDP charges all members of our great Party in Rivers State to remain united and resolute in the defence of Constitutional democracy and Rule of Law in Rivers State.”
The Informant247 had earlier reported that in a bid to put an end to the political crisis in Rivers State, Governor Siminalayi Fubara, on Monday, signed an agreement with his immediate predecessor, Nyesom Wike, to allow peace to reign in the State.
The Informant247 gathered that the agreement was reached after President Bola Ahmed Tinubu and other stakeholders met with the two warring factions
It was learned that a document emerging from the meeting directed that all impeachment proceedings initiated against Fubara by the Rivers State House of Assembly should be dropped immediately, adding that all matters instituted in the courts by Fubara and his team, in respect of the political crisis in the state “shall be withdrawn IMMEDIATELY”.
Other directives, according to the document, read, “The leadership of the Rivers State House of Assembly as led by the Rt Hon Martin Amaewhule shall be recognized alongside the 27 members who resigned from the PDP.
“The remunerations and benefits of ALL members of the Rivers State House of Assembly and their staff must be reinstated immediately, and the Governor of Rivers State shall henceforth not interfere with the full funding of the Rivers State House of Assembly.
“The Rivers State House of Assembly shall choose where they want to sit and conduct their legislative business without interference and/or hindrance from the Executive arm of government.
“The Governor of Rivers State, Sir Fubara, shall re-present the state budget to a properly constituted Rivers State House of Assembly.
“The names of ALL commissioners in the Rivers State Executive Council who resigned their appointments because of the political crisis in the state should be resubmitted to the House of Assembly for approval.
“There should not be a caretaker committee for the local governments in Rivers State. The dissolution of the Local Government administration is null and void and shall not be recognized.”
The Informant247 had earlier reported that President Bola Ahmed Tinubu had a closed-door meeting with Governor Siminalayi Fubara, a former governor of the state, Peter Odili, and other stakeholders at the Presidential Villa, Abuja.
It was gathered that the meeting is coming after a strained relationship between Fubara and his predecessor, Nyesom Wike, who is now the Minister of the Federal Capital Territory, which came to a head on December 11, when 27 out of 32 members of the State House of Assembly loyal to Wike defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC). Their seats were consequently declared vacant.