In Order to Replace the 27 Rivers State Lawmakers Who Have Been Convicted, Damagun Writes to INEC and Asks for a Bye-Election.

The acting National Chairman of the Peoples Democratic Party (PDP), Umar Damagun, has formally requested that the Independent National Electoral Commission (INEC) organize a bye-election to fill the vacant seats resulting from the defection of certain members to the All Progressives Congress (APC). This request was articulated in a letter addressed to INEC by Damagun. The Certified True Copy of this correspondence is dated November 13, 2024. Ikenga Ugochinyere, the spokesperson for the Opposition Lawmakers Coalition, presented the letter to journalists during a press conference held in Akokwa, Imo State, on Sunday. The letter is 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.” It highlights the “unlawful” defection of 27 members of the Rivers State House of Assembly that occurred on December 11, 2023. The letter asserts that, according to constitutional provisions, these lawmakers are no longer members of the Assembly. Consequently, the acting chairman of the PDP urged the Commission to fulfill its constitutional responsibilities and initiate the process of conducting fresh elections to address the vacancies created in the 27 state constituencies due to the unlawful actions of the former Assembly members. The letter states, “The leadership of our esteemed party, the Peoples Democratic Party (PDP), wishes to bring to the Commission's attention the significant 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 from our party, the PDP, which sponsored their elections to the All Progressives Congress (APC) on Monday, December 11, 2023. “The Commission may recall that our party, the PDP, nominated all 32 of our State House of Assembly candidates in Rivers State for the 2023 General Election on July 7, 2022, via your electronic candidate election nomination portal (see attached acknowledgment). The Commission is reminded that following the nomination process, elections for the Rivers State House of Assembly were held on March 18, 2023, during which our Party secured 32 seats. The newly elected members of the State House of Assembly were inaugurated and sworn in during June 2023. However, on December 11, 2023, merely six months post-inauguration, 27 of the 32 members publicly declared their defection from our Party to the All Progressive Congress (APC). This action constitutes a serious breach of Section 109(1)(g) of the Constitution of the Federal Republic of Nigeria 1999 (as amended). The Constitution outlines specific grounds for division and merger that would allow for such defections, none of which are applicable to our political Party. Consequently, the defections of these 27 members lack lawful justification, resulting in their vacating of seats in the Rivers State House of Assembly as per the provisions of Section 109(1)(g) of the 1999 Constitution. In light of the above, we formally request that the Commission fulfill its constitutional responsibilities by initiating the process for conducting a Fresh Election to fill the vacancies arising from the unlawful actions of the Assembly members. Attached is the list of the 27 State Assembly Members along with their respective Constituencies. We appreciate the Commission's dedication to enhancing democracy in our nation and extend our highest regards.