The Labour Party has at the Federal High Court in Port Harcourt, Rivers State, seeking a declaration that the seats of 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 become vacant.
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The party is also asking the court to order the Independent National Electoral Commission (INEC) to conduct bye-elections within 90 days to fill the vacancies.
According to the court documents with suit number FHC/PH/CS/25/2024, the Labour Party argues that the defection of the lawmakers on December 11, 2023, does not comply with the provisions of Section 109(1)(g) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
The party contends that the reason given by the lawmakers for their defection, which was a legal dispute over the position of the National Secretary of the PDP, does not meet the constitutional requirements for defection.
The Labour Party is seeking a declaration that, in line with the Supreme Court decision in Abegunde v Ondo State House of Assembly (2015), the lawmakers’ seats automatically became vacant upon their defection, and they ceased to be members of the Rivers State House of Assembly.
The party also seeks an order of injunction restraining the defected lawmakers from sitting or parading themselves as current members of the Assembly.
Furthermore, the Labour Party is asking the court to declare that, under the provisions of the Constitution, the party is eligible to sponsor its members to contest as candidates in the bye-elections to be conducted by INEC to fill the 27 vacant seats.
The defection of the lawmakers, which included the Speaker and Deputy Speaker of the Rivers State House of Assembly, was widely reported in the media. The PDP has also called on INEC to conduct fresh elections in the affected constituencies. However, INEC has yet to announce any plans for bye-elections.
The case is expected to test the constitutional provisions governing the defection of elected officials in Nigeria and could have significant implications for the political landscape in Rivers State and beyond.
The Labour Party’s decision to pursue legal action highlights the growing role of opposition parties in holding elected officials accountable and ensuring compliance with constitutional requirements.
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