The defection of 27 lawmakers from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) has left Rivers State in political turmoil and drawn condemnation from elder statesman Edwin Clark, who described the move as unconstitutional.
Amid an escalating rift between Governor Siminalayi Fubara and former Governor Nyesom Wike, allegations of judicial compromise and abuse of power have further deepened the crisis, posing a significant threat to Nigeria’s democratic values and constitutional integrity.
In a statement yesterday, Chief Edwin Clark expressed grave concern over the political crisis in the state, sparked by the defection of former Speaker, Martins Amaewhule, and others.
He cited Section 109(1)(g) of the 1999 Constitution, which mandates lawmakers to vacate their seats if they abandon the party that sponsored their election, except in cases of a nationally recognised division within the party.
According to him, the December 11, 2023, defections render the lawmakers’ positions in the Rivers State House of Assembly legally null and void.
The elder statesman attributed the crisis to a fallout between Governor Siminalayi Fubara and his predecessor, Nyesom Wike, now Minister of the Federal Capital Territory (FCT). He alleged that Wike’s attempt to control Fubara’s administration led to a breakdown in their political relationship.
The tensions escalated following the October 29, 2023, arson attack on the Rivers State House of Assembly, which Clark noted had worsened the state’s political instability.
He accused the defecting lawmakers of abusing the judicial system to maintain their positions, claiming they filed contradictory affidavits and concealed details of their defections to secure favourable court rulings.
Clark described these actions as a “flagrant abuse of court processes” and called for an investigation into the lawmakers’ conduct and the judiciary’s role.
The elder statesman also criticised Wike, accusing him of destabilising Rivers State through intimidation and inflammatory rhetoric.
He urged President Bola Tinubu’s administration to intervene, stressing that Wike’s actions violate constitutional principles.
Clark reiterated that the defectors’ actions were unconstitutional and called for a judicial review of all rulings favouring the defectors. He demanded the nullification of any decisions obtained through fraudulent means.
He further appealed to political stakeholders in Rivers State to prioritise the rule of law and work towards restoring peace and stability.
He urged President Tinubu to ensure that political leaders in the state respect constitutional governance and avoid actions that could undermine democracy.
“This political crisis is a critical test for our democracy,” Clark concluded. “We must resolve it in a manner that upholds fairness, justice, and the supremacy of the Constitution.”
Clark’s statement came as the Human Rights Writers Association of Nigeria (HURIWA) called on the United States, United Kingdom, and European Union to impose visa bans on judges accused of undermining democracy in Rivers State, Nigeria’s top oil-producing region.
Addressing journalists in Abuja yesterday, HURIWA’s National Coordinator, Comrade Emmanuel Onwubiko, accused some judges of delivering rulings favouring political interests over justice, thereby threatening the country’s constitutional democracy.
Onwubiko revealed that formal petitions have been submitted to embassies of the US, UK, and EU, naming Chief Judge John Tsoho, Justice Joyce Abdulmalik, and Justice Peter Lifu among those accused.
One contentious ruling cited involved Justice Abdulmalik of the Federal High Court in Abuja, which halted federal revenue allocations to Rivers State based on claims that Governor Siminalayi Fubara presented the 2024 budget to only four lawmakers instead of the full legislature.
Onwubiko alleged that this decision favoured a faction loyal to former Rivers Governor Nyesom Wike, now the Minister of the Federal Capital Territory.
HURIWA also announced plans to host an international event in Brisbane, Australia, to discuss judicial partiality in Rivers State. Onwubiko said the event aims to rally global support for judicial independence in Nigeria.
Still on Rivers, the acting National Chairman of the Peoples Democratic Party (PDP), Umar Damagum, urged the Independent National Electoral Commission (INEC) to conduct bye-elections to fill 27 seats in the state’s House of Assembly.
In a letter dated November 13, 2024, and made public by Ikenga Ugochinyere, spokesperson for the Opposition Lawmakers Coalition, Damagum described the lawmakers’ defection on December 11, 2023, as “unlawful” and a violation of Section 109(1)(g) of the Nigerian Constitution.
The letter, titled “Demand for Immediate Conduct of Fresh Election in 27 State Constituencies of Rivers State,” emphasised that the lawmakers, having defected from the party that sponsored their elections, had effectively vacated their seats.
The PDP’s acting chairman called on INEC to fulfil its constitutional mandate by initiating the process of fresh elections to fill the vacancies.
Damagum detailed that all 32 members of the Rivers State Assembly were elected under the PDP platform during the March 18, 2023 general elections. However, 27 members defected to the APC within six months of their inauguration, leaving only five members loyal to the PDP.
“The defections lack lawful justification, as no grounds for division or merger exist within our party,” the letter read. “By the operations of Section 109(1)(g) of the Constitution, the affected lawmakers have vacated their seats.”
The PDP further submitted a list of the affected lawmakers and their constituencies, urging INEC to act swiftly.
The party reiterated its commitment to deepening democracy in the country and thanked the commission for its efforts in upholding democratic principles.
Relatedly, the House of Assembly, led by Martin Amaewhule, has taken steps to address the disturbances that occurred on October 7, 2024, at some local council secretariats across the state.
During its 70th Legislative Sitting of the Second Session yesterday, the House received an interim report from its Committee on Public Complaints and Petitions, chaired by Enemi George.
The committee, which is investigating the disturbances, requested additional time to complete its assignment, a request that was granted by the Assembly.
MEANWHILE, the Independent National Electoral Commission (INEC) has rejected claims by PDP governors accusing the commission of manipulating the 2024 Edo State governorship election in favour of the APC.
At a two-day meeting in Jos, Plateau State, PDP governors alleged electoral irregularities robbed their candidate, Asue Ighodalo, of victory in Edo. They also accused INEC of rigging the recent Ondo governorship election, claiming results were altered to favour APC.
The governors called for reforms to electoral laws to curb what they described as “institutional sabotage of the will of the people.”
In response, Rotimi Oyekanmi, Chief Press Secretary to the INEC Chairman, described the allegations as “unfortunate and inappropriate.”
He stressed that INEC cannot comment on ongoing court cases and urged the PDP to present evidence in court instead of engaging in a “media trial.”
Oyekanmi noted that the PDP has already filed a petition challenging the Edo election results and should rely on legal processes.
Defending the Ondo poll, he said it was “one of the best elections conducted by INEC.”
He further urged political parties to embrace sportsmanship, stating, “It is unhealthy to only accept election outcomes when favourable.”
This was as a PDP chieftain and former spokesman of Atiku Abubakar, Segun Sowunmi, disclosed that the former vice president is yet to decide on contesting the 2027 presidential election.
Sowunmi made the revelation yesterday in Abuja during the unveiling of the National Opposition Movement Coalition (NOMC), a platform established to strengthen the opposition and promote transparent democratic processes ahead of the 2027 general elections.
Speaking on Atiku’s potential candidacy, Sowunmi stated, “Atiku has not even told me he is running. I’ve asked him twice. I’ll ask him one more time, and if he doesn’t answer, that’s it.”
His comments come just days after another PDP chieftain, Olabode George, advised Atiku to step aside and allow new leaders to emerge within the party.
In a related development, a network of support groups under the PDP called for the party’s 2027 presidential ticket to be zoned to the South, warning that such a move is crucial for the unity and progress of the party.
The call came amid speculations that Atiku might contest for the presidency again in 2027.
Speaking on the issue, the National Coordinator of the coalition, Comrade Grema Mohammed, said: “As we build up to 2027, we are staunchly warning the leaders of our party that this time, we must put the party first and return the ticket to the southern part of the country.”
Similarly, the Publicity Secretary of the coalition, Usman Saeedu, during a press conference yesterday in Abuja, emphasised the group’s commitment to restoring PDP to its former glory by ensuring the party is well-positioned to win the presidency in 2027.
To achieve this, Saeedu stated that the party must field “vibrant, intelligent, tested and trusted individuals” as its flagbearers in the next presidential race.
The coalition urged party elders, governors, stakeholders, and members to heed their call, stressing that zoning the ticket to the South and prioritising competence were essential steps for the PDP to reclaim victory.
“We are calling for a twin reform of zoning the ticket to the South and using competency and ability as the guiding benchmarks,” the group stated.
“The PDP cannot afford more mistakes. We cannot continue to drain the energy and resources of party members because key institutions fail to act responsibly.”
The group further appealed to perennial presidential aspirants to prioritise the party’s collective interests over personal ambitions, asserting that the ultimate goal should be the PDP’s victory at the polls.
The Guardian
