…Ask INEC to conduct fresh election on 25 Rivers Assembly seats
The National Working Committee of the Peoples Democratic Party (PDP) has affirmed that all members of the party including the Minister of Federal Capital Territory, Nyesom Wike and anyone found guilty of working against the party will be sanctioned in due time.
The party also demanded that the Independent National Electoral Commission (INEC) should immediately conduct fresh election to replace the 25 Rivers State Assembly lawmakers that defected to the ruling All Progressives Congress (APC).
The party made took the decision at the end of an emergency National Working Committee (NWC) meeting on the Political Developments in Rivers State which took place at the party’s national headquarters in Abuja.
Addressing journalists at the end of the meeting, the Acting National Chairman of the Party, Amb. Umar Damagum said that the 25 lawmakers that defected from the PDP automatically lost their seats in line with the provision of 1999 constitution as amended.
The party said the lawmakers cannot return to the Rivers State House of Assembly without a fresh election and asked the Independent National Electoral Commission (INEC) to conduct fresh election into the 25 Rivers State Constituencies where vacancies have occurred by reason of their defection.
He said, “The Peoples Democratic Party (PDP) asserts that there is no remedy for the 25 former members of the Rivers State House of Assembly who by virtue of Section 109 (1)(g) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) vacated and lost their seats by reason of defection from the PDP, the Party platform upon which they were elected into the House of Assembly.
“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”.
The Chairman stressed that there was no division in PDP to justify such a defection.
“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 DSSRS officially declared the seat 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”.
He said that the constitution was clear that no court can stop INEC from conducting election when the speaker has declared a seat vacant.
The PDP demanded 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, should fix a date for the conduct of fresh election 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.
“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.
“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.”
On the role of Rivers State governor in destroying the fortunes of the party, the Chairman responded
“It is not only Wike, there are other people who worked against this party when we get to that level, we will sanction everybody.
“If Wike believes he is above this party, we will be able to show him that he is not above this party.
“One thing I am conscious about is that there was never a time he said his not a member of this party. The same members of this party, that believe he has done something wrong have also done something wrong to the party”.
He announced that the party’s leadership will inaugurate the 2023 review committee. “They are to review what happened in 2023 and come out with a report not only about one person, but every person who has one way or another engaged in anti-party. Then after that, we will see what kind of measure to take” Damagum said.
He thereafter charged all members of the Party in Rivers State to remain united and resolute in the defence of Constitutional democracy and Rule of Law in Rivers State.