INEC must conduct By-Elections for defected Rivers Lawmakers- Clark

Edwin Clark, convener of the Pan Niger Delta Forum (PANDEF), urges the Independent National Electoral Commission (INEC) to hold a by-election.

This election would fill the vacant seats left by defected lawmakers in Rivers State.

In December 2023, 27 members of the Rivers House of Assembly switched from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).

Their defection reflects loyalty to Nyesom Wike, the federal capital territory minister and former Rivers governor.

This political shift followed a feud between Wike and Siminalayi Fubara, the current governor of Rivers.

Consequently, the defection of these lawmakers has sparked multiple legal challenges.

In an open letter to Mahmood Yakubu, INEC chairman, Clark emphasized that the lawmakers’ defection violates Section 109(1)(g) of the 1999 Constitution (as amended).

He pointed out that no crisis exists within the PDP.

Section 109(1)(g) states that a member of a House of Assembly vacates their seat if they join another political party before their term ends.

This rule applies unless the change results from a division or merger within the original party.

Clark asserted that, according to the Constitution, the defected lawmakers have vacated their seats.

He urged the electoral body to treat the Constitution as the fundamental law.

The defected lawmakers are currently navigating various court cases to secure their positions.

Clark noted that their actions contradict the constitutional provision.

“The seats of the 27 former members have remained vacant for over a year,” he wrote.

“This situation deprives the affected constituencies of proper representation in the state assembly.”

He criticized INEC for failing to fulfill its duty of conducting a by-election to fill these seats.

“By their actions, those 27 individuals have automatically lost their seats without any chance of reversal,” he stated.

Clark also accused Martin Amawhule and his colleagues of misrepresenting their status.

They continue to claim membership in the Rivers State House of Assembly while seeking favorable court rulings.

He implored INEC’s chairman to conduct a by-election promptly, ensuring adequate representation for the affected constituencies’ residents.

By-elections are necessary following the death or resignation of assembly members.

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