The ongoing drama in Rivers State that led to the defection of 27 out of 32 members of the State House of Assembly who moved from PDP to APC has provided many topics of discourse in Nigeria political landscape.
More importantly as some Nigerians are calling the INEC to declare their seats vacant.It is imperative to educate those calling for this that this is not the appropriate way to go.
Democracy goes along with attainment of justice which can only be given out by the Court which is its backbone. But in Nigeria situation, this is relegated to the background as Court is never thought of at the beginning unless gets out of hand then they run to it for salvation.
As whenever there is political problems most politicians forget the importance and necessity of application of section 1(1) and section 6(1) of the 1999 CFRN which are the most critical provisions that can stabilise where there is about to be political somersault.
The INEC is a product of Electoral Act 2022 which draws its powers from section 153(1)(f) of the 1999 CFRN. Under this Act there is no clear provision that states that INEC has express powers to declare any vacant seat in the event there is defection by a politician from one party to another party and where the provisions of section 109(1)(g) proviso of the 1999 CFRN is clearly breached.
By the provisions of section 6(1) of the CFRN and after followership of the provisions of section 36(1) of the 1999 CFRN, a clear and unequivocal verdict must be given by the appropriate Court of the land. Therefore, to declare any defector’s seat vacant due process of adjudication must be carried out. It is then that the Court ought to confer full right on INEC to fill the vacant seat through another round of elections.
To call for INEC to declare these seats as vacant is a tall order that cannot be possible in the present circumstances without due legal process by the Court.
May we be guided.
Lakpene Yusuf Bida,Esq
15th–12–2023
