Legal Affairs
Edwin Clark calls on INEC to conduct by-election for vacant Rivers Assembly seats
DDM News

Elder statesman and Convener of the Pan Niger Delta Forum (PANDEF), Edwin Clark, has urged the Independent National Electoral Commission (INEC) to address the prolonged issue of vacant seats in the Rivers State House of Assembly by conducting a by-election.
He emphasized that this action is critical to fulfilling constitutional requirements and restoring proper representation for affected constituencies.
In an open letter addressed to the INEC Chairman, Prof. Mahmood Yakubu, diaspora digital media (DDM) gathered that Clark cited Section 109(1)(g) of the 1999 Constitution (as amended) as the basis for his call.
According to the provision, lawmakers who defect from the political party under which they were elected are required to vacate their seats unless the party is undergoing a crisis.
He argued that no crisis exists in the Peoples Democratic Party (PDP), making the lawmakers’ defection a clear violation of the Constitution.
Clark expressed concern over the continued absence of representation for the people of the affected constituencies, noting that the seats in question have remained vacant for over a year.
He described the situation as a significant breach of democratic principles and called on INEC to fulfill its statutory obligation by conducting by-elections to fill the vacant positions.
“The seats of 27 former members of the Rivers State House of Assembly have been vacant for a prolonged period, exceeding one year since they vacated their positions,” Clark wrote.
“This has deprived the people of their right to adequate representation in the state assembly.
“It is imperative for INEC to act in accordance with the Constitution, which serves as the supreme law of the land.”
He further criticized the defected lawmakers, led by Martin Amawhule, for attempting to circumvent the constitutional provision by engaging in a series of court cases.
According to Clark, these lawmakers continue to parade themselves as members of the Rivers State House of Assembly despite their actions automatically disqualifying them from holding their seats.
“The Constitution is explicit in Section 109(1)(g) that defection without a legitimate cause leads to an immediate and irreversible loss of one’s seat.
“These individuals are well aware of this provision but have resorted to shopping for favorable judgments from various courts to legitimize their unconstitutional actions,” Clark added.
Highlighting the constitutional mandate of INEC, Clark stressed that the electoral body has a responsibility to act promptly in cases where seats are vacated due to defection, death, or resignation.
He argued that failing to conduct by-elections undermines the rights of citizens in the affected constituencies to have representation in the state legislature.
“It is unacceptable that these seats have been left vacant for such an extended period.
“The people of these constituencies deserve to have their voices heard and their interests represented in the Rivers State House of Assembly.
“INEC must rise to the occasion and fulfill its duty by organizing by-elections to fill these vacancies,” Clark asserted.
The elder statesman also condemned the actions of the defected lawmakers, describing their behavior as a deliberate attempt to subvert the Constitution and manipulate the judicial process.
He emphasized that INEC must uphold the Constitution as the guiding framework for its operations and ensure that democratic principles are not compromised.
Clark’s appeal underscores the importance of adhering to constitutional requirements in addressing issues related to vacant seats in legislative bodies.
He reminded the INEC Chairman that the integrity of Nigeria’s democratic system depends on the strict enforcement of constitutional provisions, particularly those that safeguard the rights of citizens to proper representation.
Concluding his letter, Clark urged INEC to act without further delay to conduct the necessary by-elections, thereby restoring representation to the affected constituencies and reaffirming its commitment to upholding democratic values.
The issue of vacant seats in legislative houses has long been a contentious topic in Nigeria, with debates often centered on the constitutional provisions governing such vacancies.
Clark’s intervention serves as a reminder of the need for strict adherence to these provisions to ensure that the principles of democracy and the rule of law are upheld in the country.
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