The Peoples Democratic Party, PDP, has declared the seat of Erhiatake Ibori-Suenu, representing Ethiope East/Ethiope West Federal Constituency, vacant.
Cyber Reporters reports that this follows her defection to the All Progressives Congress, APC and the PDP has called on the Independent National Electoral Commission, INEC, to conduct a fresh election to fill the seat.
Ibori-Suenu, daughter of former Delta State Governor James Ibori, cited issues with the PDP leadership as her reason for defecting.
The PDP has stated that her defection means she has willfully vacated her seat, as per Section 68 (1) (g) of the Nigerian Constitution.
The party has warned Ibori-Suenu to stop parading herself as a member of the House of Representatives, as this would amount to impersonation with potential criminal consequences.
The PDP has also called on the National Assembly Sergeant-at-Arms to recognize that Ibori-Suenu is no longer a member of the House.
The party’s National Publicity Secretary, Debo Ologunagba, stated that the PDP’s position is backed by the Nigerian Constitution.
The party has also directed its National Legal Adviser to take legal action to protect the votes and mandate of the people of Ethiope East/Ethiope West Federal Constituency.
The PDP communicated with INEC to conduct a fresh election to fill the vacant seat within the Constitutionally stipulated time.
The statement reads:
“The Peoples Democratic Party (PDP) demands that the Independent National Electoral Commission (INEC), immediately commence processes to conduct a fresh election to fill the Federal Constituency seat in the House of Representatives which automatically became vacant by reason of the defection of Hon. Erhiatake Ibori-Suenu to the All Progressives Congress (APC).
“It is settled in law that by her defection from the PDP, the political Party platform upon which she was elected into the House of Representatives, Hon. Ibori-Suenu willfully vacated the Ethiope East/Ethiope West Federal Constituency seat thus rendering it vacant by virtue of the self-executory provision of Section 68 (1) (g) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
“For clarity, Section 68 (1) of the 1999 Constitution provides that “a member of the Senate or House of Representatives shall vacate his seat in the House of which he is a member if … (g) being a person whose election to the House 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…”
“With this unambiguous Constitutional provision and its clear interpretation by the Supreme Court, Hon. Ibori-Suenu has irredeemably lost her seat, rights, privileges, recognition and obligations accruable to a member of the House of Representatives.
“Hon. Ibori-Suenu should therefore stop parading herself as a member of the House of Representatives as such would amount to impersonation with likely criminal consequences. The PDP calls on the National Assembly Sergeant-at-Arms to note that Hon. Ibori-Suenu has ceased to be a member of the House of Representatives.
“The PDP is communicating to INEC to, within the Constitutionally stipulated time, conduct fresh election to fill the vacancy which now exists in Ethiope East/Ethiope West Federal Constituency of Delta State as a result of the defection of Hon. Ibori-Suenu to the APC.
“The PDP also directs the National Legal Adviser to commence appropriate legal action to ensure that the votes and mandate of the people of Ethiope East/Ethiope West Federal Constituency of Delta State, which they freely gave to the PDP are protected and not appropriated by any person or any other political party under any guise or circumstance whatsoever.”
