The Human Rights Writers Association of Nigeria (HURIWA) has called on the Independent National Electoral Commission (INEC) to urgently conduct by-elections to fill the vacant seats created by the defection of 27 members of the Rivers State House of Assembly.
The called followed the lawmakers’ decision to override the governor’s veto on three bills despite court rulings affirming the loss of their legislative legitimacy due to their defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
Condemning the action on Friday, HURIWA in a statement by its national coordinator, Emmanuel Onwubiko, described it as a flagrant affront to constitutional democracy.
The group emphasised that Section 109(1)(g) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), clearly stipulates the consequences of defection for elected officials.
The section provides that any member of a House of Assembly who defects from the political party on whose platform they were elected shall automatically vacate their seat unless there is a division within the party.
The association cited several landmark judgments supporting this constitutional provision.
“For instance, in Attorney General of the Federation v. Abubakar (2007) 8 NWLR (Pt. 1035) 117, the court held that defection without legitimate justification leads to the automatic loss of a legislative seat. Similarly, in Ifedayo Abegunde v. Ondo State House of Assembly & Ors (2014) LPELR-23683(SC), the Supreme Court ruled that lawmakers who cross-carpet without evidence of a faction or division in their party must vacate their positions.
“Recently, a Rivers State High Court, presided over by Justice Sika Aprioku, delivered a judgment affirming that the defected lawmakers had forfeited their seats.
“Justice Aprioku emphasised that Section 109(1)(g) of the Constitution is self-executing, meaning that defection automatically triggers the loss of legislative membership without requiring additional judicial action.
“The court further ruled that Governor Fubara could only transact legislative business with the remaining legitimate members of the House.
“The judgment referenced similar situations during the administration of former Governor Ezenwo Nyesom Wike, where budgets and financial bills were passed with less than two-thirds of House membership.
“Justice Aprioku dismissed a suit filed by the Registered Trustees of the Association of Legislative Drafting and Advocacy Practitioners, which sought to compel the governor to re-submit the 2024 budget to the defected lawmakers, and imposed a penalty of N500,000 on the claimants.”
The group expressed outrage over the actions of the defected lawmakers, describing their attempts to exercise legislative powers as illegitimate and unconstitutional.
It argued that these lawmakers, by overriding the Governor’s veto, have further eroded the sanctity of legislative authority and undermined constitutional order in Rivers State.
“Their actions amount to building illegality upon illegality,” HURIWA stated, accusing the defected lawmakers of acting as pawns in a broader political scheme aimed at derailing Governor Fubara’s administration.
HURIWA called on INEC to fulfill its constitutional obligation by conducting by-elections to fill the vacancies created by the defected lawmakers.
The association stressed that the people of Rivers State deserve legitimate representatives who adhere to constitutional dictates and prioritize the interests of their constituencies.
“Failure to act swiftly will only deepen the constitutional crisis and further erode public trust in Nigeria’s democratic institutions,” the group warned.(Guardian)
