The Acting National Chairman of the Peoples Democratic Party (PDP), Umar Damagum, has formally urged the Independent National Electoral Commission (INEC) to organize bye-elections to replace 27 members of the Rivers State House of Assembly who defected to the All Progressives Congress (APC).
Damagum’s demand was outlined in a letter dated November 13, 2024, which was made public by Ikenga Ugochinyere, spokesperson of the Opposition Lawmakers Coalition, during a press conference in Akokwa, Imo State, on Sunday.
The letter, titled “Demand for Immediate Conduct of Fresh Election in 27 State Constituencies of Rivers State Which Have Become Vacant Pursuant to Section 109(1)(g) of the Constitution”, highlighted the “unlawful” defection of the lawmakers on December 11, 2023. It argued that the move violated constitutional provisions and automatically rendered their seats vacant.
According to Damagum, the PDP sponsored the election of all 32 members of the Rivers State House of Assembly during the March 18, 2023, general elections. The members were sworn in on June 2023. However, just six months later, 27 members defected to the APC, a move the PDP described as a breach of Section 109(1)(g) of the 1999 Constitution, which disallows such defections unless grounded in a recognized division or merger within their political party.
The letter read in part:
“The leadership of our great party, the Peoples Democratic Party (PDP), wishes to draw the attention of the Commission to the gross violation of Section 109(1)(g) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) by 27 members of the Rivers State House of Assembly following their unlawful defection… This defection is a gross violation… and these members have vacated their seats by the operation of the law.”
Damagum emphasized the constitutional duty of INEC to address the situation and called for immediate fresh elections to fill the vacancies created by the defections. He attached a list of the affected lawmakers and their constituencies, urging INEC to take swift action to uphold democratic principles.
He concluded the letter by expressing confidence in INEC’s commitment to strengthening democracy in Nigeria.
