Two lawmakers of the People’s Democratic Party (PDP) in the House of Representatives on Wednesday announced their defection to the ruling All Progressives Congress (APC).
The legislators, Ephraim Nwuzi (Etched/Omuma Federal Constituency of Rivers) and David Abel (Gashaka/Kurmi/Sardauna Federal Constituency of Taraba) declared their defection to the APC in separate letters, read during plenary by the Speaker, Femi Gbajabiamila read during plenary.
One of the lawmakers, Nwuzi, was at plenary and officially received into the APC, by the House Leader, Ado Doguwa, but Abel’s reception was moved to the next legislative day owing to his absence at the plenary.
Their defection caused commotion at the House as opposition members asked the Speaker to declare their seats vacant.
Specifically, Ndudi Elumelu, Minority Leader, raised a constitutional order, positing that such defection can only be allowed if there was crisis in the party, which he said was not the case.
“The member whose letter has just been read is from Rivers State and I am aware that there is no crisis in the PDP in Rivers State, as a result of that, we are demanding that the seat be declared vacant”, Elumelu said.
Speaking in the same vein, Deputy Minority Leader, Tobi Okechukwu said: “This country is based on law and due process. It is clear that our colleagues who wrote to defect are simply quoting the charisma of the Speaker.
He added: “The law says there must be a crack in the party on whose platform the member was elected and in the absence of that, such a member should lose his seat. The Speaker must obey the constitution and ask those defecting to vacate their seat”.
On his part, Leader of the PDP caucus in the House, Kingsley Chinda, noted that the law was very explicit on defection of members, reminding the Speaker of his of pledge to uphold the constitution and the law.
Chinda pointed out that the Supreme Court had declared that a lawmaker who defected to another political party other than the one on whose platform he was elected shall have his seat declared vacant and the Speaker has the responsibility of upholding the rule.
“If you fail to uphold the law, it is either an act of cowardice or a deliberate refusal to uphold the law”, Chinda told the Speaker.
Responding, Gbajabiamila said: “When I was Minority Leader, I said exactly the things you are saying now when we lose members to your party and you shouted me down.
“You must look at the combined reading of section 60 of the constitution and our House rules. It is in the rules of the House that people can cross and you sanctioned it. You have said I should do the right thing which I will do.”
Citing the provisions of section 68 of the Constitution, pertaining to when a member’s seat can be declared vacant, the Speaker said: “You are aware of a particular member of your party that has not been present on the floor of this House since we started seating. Should I declare his seat vacant”