LP Seeks Bye-Elections Over Lawmakers’ Defection.

Labor Party has at the Federal High Court in Port Harcourt, Rivers State, seeking a declaration that the seats of 27 members of the Rivers State House of Assembly who recently defected from the People’s Democratic Party to the All Progressives Congress have become vacant.

The party is also asking the court to order the Independent National Electoral Commission to conduct bye-elections within 90 days to fill the vacancies.

According to the court documents, the Labor Party argues that the defection of the 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 Labor Party is seeking a declaration that, in line with the Supreme Court decision in Abegunde v 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 party also seeks an order of injunction restraining the defected lawmakers from sitting or parading themselves as current members of the Assembly.

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 has yet to announce any plans for bye-elections.

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.