The Human Rights Writers Association of Nigeria (HURIWA) has asked 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.
It said the call followed the lawmakers’ controversial decision to override the governor’s veto on three bills despite court rulings affirming their legislative legitimacy loss due to their defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
In a statement in Abuja, its national coordinator, Emmanuel Onwubiko, HURIWA described the action as a flagrant affront to constitutional democracy.
The association cited several landmark judgements saying, “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.”
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Recently, a Rivers State High Court presided over by Justice Sika Aprioku, delivered a judgement affirming that the defected lawmakers had forfeited their seats. Justice Aprioku emphasised 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.
HURIWA, therefore, called on INEC to fulfil its constitutional obligation by conducting by-elections to fill the vacancies created by the defected lawmakers. “Failure to act swiftly will only deepen the constitutional crisis and further erode public trust in Nigeria’s democratic institutions,” the association warned.