The Human Rights Writers Association of Nigeria (HURIWA) has called on the Independent National Electoral Commission (INEC) to urgently conduct by-elections to fill the vacant seats created by the defection of 27 members of the Rivers State House of Assembly. This follows the lawmakers? controversial decision to override the governor?s veto on three bills despite court rulings affirming the loss of their legislative legitimacy due to their defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).

HURIWA described these actions as a flagrant affront to constitutional democracy, emphasizing that Section 109(1)(g) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), clearly stipulates the consequences of defection for elected officials. The section provides that any member of a House of Assembly who defects from the political party on whose platform they were elected shall automatically vacate their seat unless there is a division within the party.

The association cited several landmark judgments supporting this constitutional provision. For instance, in Attorney General of the Federation v. Abubakar (2007) 8 NWLR (Pt. 1035) 117, the court held that defection without legitimate justification leads to the automatic loss of a legislative seat. Similarly, in Ifedayo Abegunde v. Ondo State House of Assembly & Ors (2014) LPELR-23683(SC), the Supreme Court ruled that lawmakers who cross-carpet without evidence of a faction or division in their party must vacate their positions.

?Recently, a Rivers State High Court, presided over by Justice Sika Aprioku, delivered a judgment affirming that the defected lawmakers had forfeited their seats. Justice Aprioku emphasized that Section 109(1)(g) of the Constitution is self-executing, meaning that defection automatically triggers the loss of legislative membership without requiring additional judicial action. The court further ruled that Governor Fubara could only transact legislative business with the remaining legitimate members of the House.

?The judgment referenced similar situations during the administration of former Governor Ezenwo Nyesom Wike, where budgets and financial bills were passed with less than two-thirds of House membership. Justice Aprioku dismissed a suit filed by the Registered Trustees of the Association of Legislative Drafting and Advocacy Practitioners, which sought to compel the governor to re-submit the 2024 budget to the defected lawmakers, and imposed a penalty of N500,000 on the claimants,? HURIWA recalled.

HURIWA expressed outrage over the actions of the defected lawmakers, describing their attempts to exercise legislative powers as illegitimate and unconstitutional. The association argued that these lawmakers, by overriding the Governor?s veto, have further eroded the sanctity of legislative authority and undermined constitutional order in Rivers State. ?Their actions amount to building illegality upon illegality,? HURIWA stated, accusing the defected lawmakers of acting as pawns in a broader political scheme aimed at derailing Governor Fubara?s administration.

The group criticized the lawmakers? loyalty to a single individual, former Governor Nyesom Wike, now Minister of the Federal Capital Territory, describing this as evidence of their lack of independence and commitment to democratic principles. ?For them to identify themselves as loyalists of one man who seeks to perpetuate himself as a political godfather demonstrates their absolute lack of legitimacy to exercise any legislative authority,? HURIWA asserted.

HURIWA called on INEC to fulfill its constitutional obligation by conducting by-elections to fill the vacancies created by the defected lawmakers. The association stressed that the people of Rivers State deserve legitimate representatives who adhere to constitutional dictates and prioritize the interests of their constituencies. ?Failure to act swiftly will only deepen the constitutional crisis and further erode public trust in Nigeria?s democratic institutions,? the group warned.

Referencing additional legal precedents, HURIWA highlighted PDP v. INEC & Ors (2007) 13 NWLR (Pt. 1052) 563, where the court ruled that defection without a legitimate division in the party results in the forfeiture of the legislative mandate. Similarly, in Abe v. PDP (2016) and Amaechi v. INEC (2008), the courts reinforced the principle that political parties, not individuals, own electoral mandates. These cases, HURIWA argued, underscore the constitutional mandate that elected officials must remain loyal to the parties on whose platforms they were elected.

HURIWA commended Governor Fubara for standing firm against illegality and refusing to engage with lawmakers who have clearly lost the mandate of their constituents. The association urged the Governor to remain resolute in upholding the rule of law and protecting the integrity of Rivers State?s governance structures.

Furthermore, HURIWA called on civil society organizations, legal practitioners, and well-meaning Nigerians to join the campaign for constitutional fidelity in Rivers State. It urged the judiciary to expedite the resolution of pending cases involving the defected lawmakers to restore normalcy and prevent further abuse of the legislative process.

?Nigeria must prioritize constitutional purity over the whims of political actors who seek to distort the law for selfish ends,? HURIWA asserted, adding that disregard for constitutional provisions sets a dangerous precedent and undermines governance.

In conclusion, HURIWA reiterated its commitment to advocating for democratic principles and constitutional fidelity. The association urged Nigerians to remain vigilant and demand accountability from their leaders, emphasizing that respect for the Constitution is the cornerstone of democracy.

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