By: Mercy Peter
A former National Commissioner, Chief Edwin Clark Thursday urged the Independent National Electoral Commission to conduct a by-election to fill the vacant seats in the Rivers State House Assembly.
Clark in an open letter to INEC Chairman, Prof. Mahmood Yakubu said his call is based on the fact that the seat of the 27 House members are already vacant according to the law of the land.
Clark quoted Section 109 1(g) of the 1999 Constitution as Amended which states that:
“Being a person whose election to the House of Assembly was sponsored by a political party, he becomes a member of another political party before the expiration of the period for which that House was elected; provided that his membership of the latter political party is not as a result of a division in the political party of which he was previously a member or of a merger of two or more political parties or factions by one of which he was previously sponsored” to back his demand.
The open letter reads in part: “I have cause to, once again, address this Open letter to you. This time, on the need to appeal to you to urgently conduct by-elections to fill up the 27 seats which are vacant at the Rivers State House of Assembly (RSHA) as a result of the defection from the political party that sponsored them to another political party when there was no crisis in their previous political party thus contravening This crisis which has enveloped the entire Rivers State and even part of the Niger Delta, like I had stated earlier, can be said to have started on the 26th of March, 2023, immediately after the 2023 gubernatorial elections which saw the emergence of Siminalayi Fubara, sponsored by his predecessor, Nyesom Wike, as Governor of Rivers State.
The essence of this Open Letter, therefore, is to, once again, my dear Chairman, implore you to write your name in the golden annals of the history of this country. You know how much regards I have for you, particularly as a brilliant and erudite scholar.
The nation’s Constitution is the Grund norm. Its words and letters are sacrosanct and binding on everyone and everything, it supersedes all.
Section (1) states that:
“This Constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria.
“The seats of the 27 former members of the Rivers State House of Assembly have been vacant for a long time, more than one year after the former holders vacated, thus depriving the people of the affected constituencies of representation in the State House of Assembly. INEC under your watch is yet to carry out its statutory function of conducting by-election to fill the seats.
“Twenty-seven members of the RSHA openly, on the floor of the House, announced their defection from the Peoples Democratic Party (PDP), the political party that sponsored them to the All-Progressives Congress (APC), when there was no crisis in their former political party. As a matter of fact, it was the Rivers State chapter of the APC that had a crisis at the time with two factional chairmen, Chief Emeka Beke working as the elected Rivers State APC Chairman, and Tony Okocha working as Caretaker Chairman.
By their actions, going by the above quoted Section 109 1(g), those 27 persons have automatically and immediately, without reversal, lost their seats.
“In compliance with constitutional provisions, the then new Speaker of the House of Assembly, Rt. Hon. Edison Ehie, wrote to INEC, informing it of the vacant seats.
“Series of events were held to ‘commemorate this feat of defection’. The Caretaker Chairman of the All Progressives Congress in Rivers State, Tony Okocha received the 27 defectors into his political party, the APC, at a ceremony held at the Port Harcourt Polo Club. Also, in a statement made to journalists on the inferno that engulfed the RSHA complex, he said “So, our assembly members that have defected to us – 27 of them – are free to meet anywhere as far as the symbol of authority – the maze – is there”.
He further wrote: “Their defection is not in doubt. As a matter of fact, Martins Amawhule and the 26 others, should be prosecuted for perjury. They lied on oath. In July 2024, he tendered a sworn Affidavit stating their defection in Suit No. FHC/ABJ/CS/168/2023 between Rt. Hon. Martin Chike Amaewhule & others vs INEC and others. Number 9 of the Affidavit states:
“That the Plaintiffs contested their respective elections on the platform of the 2nd Defendant and had remained members of the latter until 11/12/2023 when they (Plaintiffs) left 2nd Defendant and joined the All Progressives Congress (APC) as a result of a serious division in the 2nd Defendant”.
“Perjury is a serious crime with severe penalties. Unfortunately, we are in a society where people are treated not in accordance with the laws of the land, but in accordance with whom they know and are connected to. The same Nigeria Police Force that should arrest and prosecute Martins Amawhule, are guarding him.
“Also, all 27 former law makers ought to be arrested and prosecuted for going against Section 99 of the nation’s Constitution which states:
“Any person who sits or votes in a House of Assembly of a State knowing or having reasonable grounds for knowing that he is not entitled to do so commits an offence and is liable on conviction to such punishment as shall be prescribed by a law of the House of Assembly”.
“It is mandatory for INEC to conduct a by-election to fill the vacant seats in the RSHA. Section 13 of the 1999 Constitution as Amended states:
“It shall be the duty and responsibility of all organs of government, and of all authorities and persons, exercising legislative, executive or judicial powers, to conform to, observe and apply the provisions of this Chapter of this Constitution”. Specifically, Section 118 empowers INEC to conduct elections.
“No agency or organ of government has the power to go against these provisions of the Constitution. Where there are inconsistencies, the Constitution prevails. Section 1 (3) states:
“If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall to the extent of the inconsistency be voided”. “Therefore, it is not enough for INEC to say that it is precluded from conducting by-election for the vacant seats in RSHA, because such stance portrays sectional loyalty which is against Section 14 (4) of the Constitution.
“In concluding this Open Letter, I plead with the Chairman of INEC, to, without delay, conduct a by-election to fill the vacant seats and give adequate representation to the people of the affected constituencies.
“The supreme laws of the country must be obeyed if there must be a country called Nigeria.”
