Politics
Defection: LP Seeks Court Order For Bye-Elections In Rivers Assembly
The Labour Party has urged the Federal High Court in Port Harcourt to declare vacant the seats of 25 members of the Rivers State House of Assembly who recently defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
The party is also asking the court to order the Independent National Electoral Commission (INEC) to conduct bye-elections within 90 days to fill the vacancies.
According to court documents obtained by The Tide, with suit number FHC/PH/CS/25/2024, the Labour Party argues that the defection of the 25 lawmakers on December 11, 2023, does not comply with the provisions of Section 109(1)(g) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
The party contends that the reason given by the lawmakers for their defection, which was a legal dispute over the position of the National Secretary of the PDP, does not meet the constitutional requirements for defection.
The party is seeking a declaration that, in line with the Supreme Court decision in Abegunde vs Ondo State House of Assembly (2015), the lawmakers’ seats automatically became vacant upon their defection, and they ceased to be members of the Rivers State House of Assembly.
The opposition party also seeks an order of injunction restraining the defected lawmakers from sitting or parading themselves as current members of the Assembly.
Furthermore, the Labour Party is asking the court to declare that, under the provisions of the Constitution, the party is eligible to sponsor its members to contest as candidates in the bye-elections to be conducted by INEC to fill the 25 vacant seats.
The defection of the lawmakers, which included the Speaker and Deputy Speaker of the Rivers State House of Assembly, was widely reported in the media.
The PDP has also called on INEC to conduct fresh elections in the affected constituencies.
However, INEC is yet to announce any plans for bye-elections.
The case is expected to test the constitutional provisions governing the defection of elected officials in Nigeria and could have significant implications for the political landscape in Rivers State and beyond.
The Labour Party’s decision to pursue legal action highlights the growing role of opposition parties in holding elected officials accountable and ensuring compliance with constitutional requirements.
The Special Adviser on Political Affairs to the Rivers State Governor, Dr. Darlington Oji, has disclosed that about 15 Special Advisers to the governor were duly approved by the Rivers State House of Assembly before the current political crisis in the State.
Oji made the disclosure in a Television programme in Port Harcourt, recently, while reacting to issues surrounding appointments, the impeachment moves against the governor and his deputy, and allegations of financial mismanagement.
He clarified that the appointment of Special Advisers was carried out in strict compliance with constitutional provisions, and received the approval of the Rivers State House of Assembly under the leadership of the Speaker, Martins Amaewhule, before the crisis began.
According to the Special Adviser, the appointments did not require any further screening, countering claims that the governor violated due process in constituting his advisory team.
On the impeachment proceedings against Governor Siminalayi Fubara, and his deputy, Professor Ngozi Odu, Oji described the process as unfounded and lacking constitutional backing.
He said that several lawmakers who initially supported the impeachment move were now reconsidering their stance after discovering that the process had no legal basis.
Oji also attributed the impeachment plot to personal and political ambitions, saying it is not motivated by the interest or welfare of the people of Rivers State.
Speaking on the financial position of the State after the Emergency Rule, the Special Adviser disclosed that the governor met about ?600 billion in the state’s coffers upon assumption of office.
He explained that the availability of funds enabled the administration to continue governance smoothly without the need for a supplementary budget.
The governor’s aide also refuted allegations of financial mismanagement against the governor, and stressed that all allocations to lawmakers and constituency projects were transparently handled.
He maintained that the Fubara administration remained focused on development, stability, and good governance despite the political distractions in the State.
Oji expressed confidence that the impeachment moves would eventually be abandoned as legislators and the public become more informed, adding that the governor’s leadership has continued to reassure citizens and sustain political stability in the State.
King Onunwor
Accordingg to the statement, the Board and National Executive Committee of PANDEF, noted with very grave concern the recent spate of political developments in Rivers State.
“Regrettably, these developments have now degenerated into the decision of the Rivers State House of Assembly to commence impeachment proceedings against the governor and deputy governor.
“This is a deeply disturbing situation that demands urgent attention in order to forestall further escalation and breakdown of law and order.
“This concern is heightened by the critical importance and strategic centrality of Rivers to the Niger Delta region and to the broader socio-political stability and economic wellbeing of Nigeria as a whole”, the statement said.
The Forum called on all parties involved in the resurgent political imbroglio to sheathe their swords and embrace peace.
“This should be guided by the principles of give-and-take, dialogue, tolerance, and political equanimity.
“All stakeholders must place paramount importance on peace, development and the welfare of the people of Rivers.
“We must now focus squarely on good governance and development of the state,” the Forum said.
PANDEF commended President Bola Tinubu, the leadership of the All Progressives Congress (APC), respected elders of Rivers State, and other well-meaning Nigerians for their previous and ongoing efforts aimed at restoring peace and stability in the state.
Speaking in an interview on Saturday, January 10, Chief Sara-Igbe alleged that the minister had flouted regulations governing the commencement of electioneering campaigns by moving from one local government area to another to galvanise political support.
According to him, the action amounted to a clear breach of electoral guidelines being carried out with a troubling sense of impunity that could undermine the rule of law.
“Wike has violated the electoral laws of campaigning by going from local government to local government to talk to the people. He travelled from one local government to another. As a result of his visits to local government areas, he has broken election regulations and continues to do all these things without fear of repercussions”, Chief Sara-Igbe said.
The remarks came as Chief Wike was set to round off a state-wide “thank-you” tour that covered all 23 local government areas of Rivers State.
Although the minister had described the tour as an appreciation visit following support for President Bola Tinubu in the 2023 general elections, critics say the engagements have assumed an overtly political character.
Observers note that during several stops, including recent visits to Andoni and Bonny local government areas, the minister rallied supporters across party lines under what he termed a “Rainbow Coalition,” a move widely interpreted as part of a broader political strategy.
During these engagements, Chief Wike was also reported to have made remarks perceived as a veiled challenge to the authority of Governor Siminalayi Fubara, while repeatedly referencing the 2027 elections and urging supporters to prepare to “correct the mistake” of 2023.
Chief Sara-Igbe warned that allowing such activities to continue unchecked could erode public confidence in Nigeria’s electoral process and called on relevant authorities to enforce existing laws without fear or favour.
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