Kwara assembly declares two lawmakers’ seats vacant over APC defection to PDP

By Chris Steven

The Kwara state house of assembly has declared the seats of two lawmakers vacant after they defected from the All Progressives Congress (APC) to the Peoples Democratic Party (PDP).

The affected lawmakers are Saaba Issa Gedeon, representing Edu constituency, and Olusola Odetundun, representing Irepodun constituency.

The decision followed a request by Sunday Fagbemi, chairman of the APC in Kwara, asking the assembly to invoke relevant provisions of the 1999 Constitution against the lawmakers.

In a letter addressed to Yakubu Danladi, speaker of the house, Fagbemi argued that the lawmakers were elected on the APC platform and could not defect to another political party and retain their seats.

He also maintained that there was no division within the APC to justify their defection.

Leading the debate on the matter, Oba Mogaji, leader of the house, said the issue was constitutional and hinged on section 109(1)(g) of the 1999 Constitution.

Mogaji said the constitution provides that a member of a state house of assembly shall not belong to a political party other than the one that sponsored their election, except under circumstances recognised by the constitution.

He said Gedeon and Odetundun had not only defected to the PDP but were also seeking re-election on the platform of the opposition party.

He described their defection as a violation of the constitutional provision and backed the request for their seats to be declared vacant.

Other lawmakers, including Abolarin Gabriel, representing Ekiti constituency; Ganiyu Folabi, representing Omupo constituency; and Adato Oguniyi, representing Ojomu/Balogun constituency, also supported the motion.

Following the resolution, Danladi formally declared the seats representing Edu and Irepodun constituencies vacant.

PDP DEMANDS REVERSAL

The PDP in Kwara has, however, asked the Assembly to reverse the decision.

In a statement issued by Olusegun Adewara, the party’s publicity secretary, the PDP described the declaration as politically motivated and unconstitutional.

The party alleged that the lawmakers were being punished for exercising their constitutional and political rights.

The PDP also faulted the process leading to the declaration, particularly the reliance on a letter from the APC state chairman, who it said is not a constituent of either of the affected constituencies.

The opposition party alleged that the development amounted to turning the legislature into an internal disciplinary mechanism of the ruling APC.

It challenged the Assembly to make public the evidence presented before it and demonstrate that the provisions of section 109(2) of the constitution were fully complied with before declaring the seats vacant.

“While the PDP is aware of the provisions of Section 109(1)(g) of the constitution, which deals with defection by members of a State House of Assembly, the party insists that constitutional provisions must be applied strictly and not selectively or politically,” the statement reads.

The PDP said the constitutional question surrounding defection should not be reduced to a political declaration based on a letter from the chairman of the party the lawmakers had left.

It also questioned the rationale behind the APC allegedly using the machinery of government to sanction lawmakers who joined the opposition party.

“If the APC is confident of its popularity, it should face the electorate instead of attempting to remove its former members through parliamentary manoeuvring,” the party said.

The PDP further accused Abdulrahman Abdulrazaq, governor of Kwara, and Danladi of allowing partisan interests to interfere with the independence of the Assembly.

“Governor Abdulrahman Abdulrazaq and Speaker Yakubu Danladi must understand that the State House of Assembly is an institution of the people of Kwara State and not a political enforcement arm of the APC,” the party said.

The opposition party also asked Danladi, who doubles as the APC’s governorship candidate for the 2027 election, to separate his political interests from his constitutional responsibilities as speaker.

It urged the Assembly to allow the courts to determine, where necessary, the constitutional implications of the lawmakers’ defection rather than reaching what it described as a predetermined conclusion.

“We therefore call on the leadership of the Kwara State House of Assembly to immediately reverse this politically charged decision and allow the courts, where necessary, to determine the constitutional implications of the defection,” the PDP said.