December 12, 2023 NewsOrient
Politics, News, Law & Society
By Sam EGBURONU, Editor

Following Monday’s defection of 27 out of the 32-Member Rivers State House of Assembly from the ruling Peoples Democratic Party (PDP) to the opposition All Progressives Congress (APC), stakeholders and concerned observers have been raising issues on grave implication of the development and how to resolve the brewing political storm in the Southsouth State.

Aside the likely political realignment in the oil-rich State, NewsOrient learnt that several demands have been made to replace the 27 lawmakers.

NewsOrient reported yesterday that the defection of the 27 lawmakers from the ruling PDP to the opposition APC was part of the intriguing outcomes of the face off between Rivers State Governor Simi Fubara and the former Governor of Rivers State, Nyesom Wike.

The 27 defected lawmakers have said part of their reasons for defecting from PDP to APC was “division in the PDP which has affected governance in the state.”

But some stakeholders, reacting to their decision, said the Independent National Electoral Commission (INEC) must do what they described as “the needful” by formally declaring the seats of all the defected lawmakers vacant so as to immediately conduct bye-elections in all the affected 27 constituencies.

First to initiate moves to effectively react to the political intrigues resulting from the mass defection is Rivers State Governor, Siminalayi Fubara.

NewsOrient learnt that as soon as he got wind of the decision of the lawmakers to finally dump him and his political party, PDP, Fubara summoned an emergency meeting with the members of the State Executive Council, to preserve his government and agree on the way forward.

Insider sources said it was agreed at the meeting that the Rivers State Government and the ruling political party in the state, the PDP, must do all within their power to protect Fubara’s tenure and regain the 27 House of Assembly seats.

Apart from the resolve of Rivers Governor Fubara, his political party, PDP, has expressed resolve to reclaim its 27 seats at the Rivers State House Assembly from their former members who defected to APC.

While reacting to the defection of the lawmakers, the PDP National Publicity Secretary, Debo Ologunagba, in an interview with The PUNCH on Monday, said “the party would explore all options to reclaim its seats in the state House of Assembly.”

Ologunagba was quoted as saying in the interview: “We will write to INEC tomorrow (Tuesday) to make our position known.”

When asked what the party would do if INEC failed to grant its request, the PDP Publicity Secretary replied: “You cannot preempt our steps and our party. We know the law and we understand it. We will take a step at a time. What I can assure you is that the PDP will explore all options.”

Probably before the interview, Ologunagba had, in a statement declared that “by defecting from the PDP, the seats of the respective 27 lawmakers had become vacant by virtue of the provision of Section 109 (1) (g) of the 1999 Constitution as amended.”

He 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.’’

Also, according to Ologunagba, “in the interpretation by the Supreme Court, the 27 defected members had vacated and lost their seats, rights, privileges, recognition, and obligations accruable to members of the Rivers State House of Assembly.”

Another of the concerned stakeholders that have made this demand is a non-governmental organisation, Center for Reform and Public Advocacy (CFRPA).

Reacting to the current political development in Rivers State, CFRPA formally called on the National Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, to declare the seats of the 27 defecting Rivers lawmakers vacant and to conduct of bye-elections in the affected 27 state constituencies in the State.

According to a report in TheNiche, the group’s demand “was sequel to the defection of 27 Peoples Democratic Party (PDP) lawmakers in the State to the All Progressives Congress (APC) on Monday.

The report quoted a letter signed by CFRPA‘s Legal Adviser, Kalu Kalu Agu, which reads in part:

“We are a non-governmental organization with the object of advocating for good governance.

“We respectfully wish to bring to your notice that Twenty Seven (27) PDP MEMBERS of the Rivers State House of Assembly have defected to All Progressives Congress.

With the greatest respect, sir, the legal implications of the said defection are:

“That 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;

“That by virtue of the decision in OGBUOJI VS. UMUHA (2022) 8 NWLR (PT 1832), 323, the Independent National Electoral Commission shall conduct a bye election to fill the vacancies created by the said defection.

“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.

“Take notice 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.

“We do hope that you will heed to our demand to allow wise counsel prevail.

“Please, do accept the assurances of our esteemed regards to resolving this issue.”

As the intrigues continue both at Rivers State House of Assembly and outside, NewsOrient learnt that the two sides in the power game, former Governor Nyesom Wike, who is now the Minister of the Federal Capital Territory (FCT) Abuja and his former political son, Rivers State Governor Siminalayi Fubara are now set for full scale political battle for control of Rivers State political and economic power.

As the battle rages, there is fear that it may turn violent. However, Dr Emeka Nwosu, a public affairs analyst, while reacting to NewsOrient’s report on the defections in Rivers State House Of Assembly yesterday said pointedly: “Their seats should be declared vacant. And heaven will not fall.”

However, it would be recalled that a few weeks back, when this power game first burst in the open, following failed attempt to impeach Gov Fubara, the matter became so gory that the Rivers State House of Assembly was bombed.

The prayer most observers are making today is that the main political actors, INEC, Security Agencies and President Bola Ahmed Tinubu should do the right thing promptly and not wait until Rivers State is again turned into a theatre of bombing and shootings.

Photo Credit: Channels Television

~ NewsOrient