…PDP kicks, calls action unconstitutional, political persecution
The Kwara State House of Assembly has declared the seats of two lawmakers who defected from the All Progressives Congress to the Peoples Democratic Party vacant.
The affected lawmakers are Saba Yisa Gideon, representing Edu State Constituency, and Olusola Odetundun, representing Irepodun State Constituency.
The Assembly took the decision during its sitting on Tuesday after receiving a letter from the APC State Chairman, Sunday Fagbemi, requesting that the lawmakers’ seats be declared vacant following their defection.
Fagbemi based the request on Section 109(1)(g)(2) of the 1999 Constitution, as amended, arguing that the lawmakers were elected on the platform of the APC and could not abandon the party for another political party while retaining their seats.
The two lawmakers recently defected to the PDP and subsequently obtained the opposition party’s tickets to contest the 2027 elections for their respective constituencies.
Leading the debate on the matter, the House Leader, Abdulkadir Oba Magaji, said the lawmakers’ action violated the constitutional provision governing defection by elected legislators.
Magaji maintained that Section 109(1)(g) prohibits a member of the House of Assembly from belonging to another political party apart from the one that sponsored his election, except where the party that elected the member is divided.
He argued that there was no division in the APC that could justify the lawmakers’ defection.
The House Leader consequently backed the request for the seats to be declared vacant.
Other lawmakers who supported the motion included Abolarin Ganiyu Gabriel of Ekiti Constituency, Ganiyu Folabi Salahu of Omupo Constituency and Oguniyi David Sheun of Ojomu/Balogun Constituency.
Following the debate, the Speaker, Salihu Yakubu Danladi, declared the two seats vacant, citing Section 109(1)(g)(2) of the Constitution.
The opposition PDP, however, rejected the Assembly’s decision, describing it as illegal, unconstitutional and politically motivated.
The party’s Publicity Secretary, Olusegun Olusola Adewara, in a statement issued in Ilorin on Tuesday, accused the APC-led Assembly of using legislative powers to punish lawmakers for exercising their political choice.
The PDP argued that the decision could deprive constituents in Edu and Irepodun State Constituencies of effective representation.
“Our party considers such a move a dangerous descent into political intolerance and an unacceptable attempt to weaponise the legislature against elected representatives whose only apparent offence is the exercise of their political choice,” the party said.
The PDP acknowledged the powers of the House under Section 101 of the Constitution to regulate its internal affairs but maintained that such powers must be exercised within the limits of the Constitution and democratic principles.
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