Kwara Assembly declares 2 members’ seats vacant for abandoning APC for PDP
Dele Moses, Ilorin
Kwara State House of Assembly has declared the seats of two lawmakers in the house vacant after the lawmakers defected from the ruling All Progressives Congress (APC) to the Peoples Democratic Party (PDP).
The affected lawmakers are Saaba Issa Gedeon, representing Edu Constituency, and Olusola Odetundun, representing Irepodun Constituency.
The house declared seats vacant following a request by the state chairman of the APC, Sunday Fagbemi, that the Assembly should invoke the relevant provisions of the 1999 Constitution against the lawmakers.
The APC chairman, in a letter addressed to the Speaker, of the House of Assembly, Salihu Yakubu Danladi, argued that the two lawmakers were elected on the platform of the APC and could not defect to another political party and still have their tenure remained valid, particularly as there was no division within the APC.
Leading debate on the matter, the Leader of the House, Oba Mogaji, said the issue was constitutional and hinged on Section 109(1)(g) of the 1999 Constitution.
He said by the constitution a member shall not belong to another political party other than the party that sponsored his election, except under circumstances recognised by the Constitution.
Mogaji noted that the two lawmakers had not only defected to the PDP but were also seeking reelection on the platform of the opposition party, describing the development as a violation of the constitutional provision.
He therefore backed the request for their seats to be declared vacant in accordance with the law.
Contributing to the debate, the house members including Abolarin Ganiyu Gabriel of Ekiti constituency, Ganiyu Folabi of Omupo constituency and Adato Oguniyi of Ojomu/Balogun Constituency also supported the vacation of the seats.
Following the lawmakers’ resolution, the Speaker, Danladi, formally declared the Edu and Irepodun Constituencies seats vacant.
Meanwhile, the PDP in the state has asked the legislative house to reverse its decision to declare the seats of the lawmakers vacant.
The party In a statement issued by its Publicity Secretary, Olusegun Olusola Adewara condemned the decision describing it as politically motivated and unconstitutional.
The PDP alleged that the lawmakers were being punished for exercising their constitutional and political rights.
The party faulted the process leading to the declaration, particularly the reliance on a letter from the APC state chairman, who, according to the PDP, is not a constituent of either of the affected constituencies.
It alleged that the development amounted to turning the legislature into an internal disciplinary mechanism of the ruling APC.
The PDP challenged the Assembly to make public the evidence placed before it and demonstrate that the provisions of Section 109(2) of the 1999 constitution were fully complied with before declaring the seats vacant.
“While the PDP is aware of the provisions of Section 109(1)(g) of the constitution, which deals with defection by members of a State House of Assembly, the party insists that constitutional provisions must be applied strictly and not selectively or politically,” the statement reads.
The PDP argued that the constitutional question surrounding defection should not be reduced to a mere political declaration based on a letter from the chairman of the party the lawmakers had left.
It questioned the rationale behind the APC allegedly using the machinery of government to sanction lawmakers who had chosen to join the opposition party.
“If the APC is confident of its popularity, it should face the electorate instead of attempting to remove its former members through parliamentary manoeuvring,” the party said.
The PDP accused the state governor, Abdulrahman Abdulrazaq and speaker of the House of Assembly, Danladi, of allowing partisan interests to interfere with the independence of the Assembly
“Governor Abdulrahman Abdulrazaq and Speaker Yakubu Danladi must understand that the State House of Assembly is an institution of the people of Kwara State and not a political enforcement arm of the APC,” the party stated
The party also asked Danladi who doubles as the APC’s governorship candidate in the coming 2027 election to separate his political interests from his constitutional responsibilities as speaker.
It said the Assembly should allow the courts to determine, where necessary, the constitutional implications of the lawmakers’ defection rather than rushing to a predetermined conclusion.
“We therefore call on the leadership of the Kwara State House of Assembly to immediately reverse this politically charged decision and allow the courts, where necessary, to determine the constitutional implications of the defection,” the PDP stated.
