Kwara Assembly Declares Edu, Irepodun Seats Vacant Over APC Defection, PDP Demands Reversal 

 

By Felix Ajide, Ilorin

The Kwara State House of Assembly has declared vacant the seats of Hon. Saaba Yisa Gideon, representing Edu State Constituency, and Hon. Olushola Odetundun, representing Irepodun State Constituency, following their defection from the All Progressives Congress (APC) to the Peoples Democratic Party (PDP).

The decision was taken during plenary following a letter from the Kwara State APC Chairman, Prince Sunday Fagbemi, addressed to the Speaker of the House, Rt. Hon. Salihu Yakubu Danladi, requesting that the seats be declared vacant in accordance with the 1999 Constitution.

Fagbemi argued that the two lawmakers were elected on the platform of the APC but had defected to the PDP before the expiration of their tenure, adding that there was no division or factionalisation within the APC to justify their defection.

Leading the debate on the matter, the Leader of the House, Hon. Oba Mogaji, said the issue was constitutional and should be considered strictly within the provisions of the law.

He cited Section 109(1)(g) of the 1999 Constitution, which provides circumstances under which a member of a State House of Assembly may lose his or her seat upon defecting from the political party on whose platform the member was elected.

Mogaji maintained that the two lawmakers had left the APC for the PDP and were seeking to retain their seats under the platform of the opposition party, describing the development as contrary to the constitutional provision.

He therefore supported the APC chairman’s request for the seats to be declared vacant.
Contributing to the debate, Hon. Abolarin Ganiyu Gabriel of Ekiti Constituency, Hon. Ganiyu Folabi of Omupo Constituency and Hon. Adato Oguniyi of Ojomu/Balogun Constituency also supported the declaration of the seats as vacant.

Following the debate and contributions by members, Speaker Salihu Yakubu Danladi declared the Edu and Irepodun constituency seats vacant in line with the resolution of the House.

Meanwhile, the development has drawn strong opposition from the PDP, which described the Assembly’s action as politically motivated and unconstitutional.

In a statement issued by the party’s State Publicity Secretary, Olusegun Olusola Adewara, the PDP called on the Assembly to immediately reverse its decision, arguing that Gideon and Odetundun were being punished for exercising their constitutional and political rights.

The opposition party particularly faulted the process leading to the declaration, questioning the reliance on a letter from the APC State Chairman, Prince Sunday Fagbemi, whom it said was not a constituent of either of the affected constituencies.

The PDP alleged that the action amounted to turning the State House of Assembly into an internal disciplinary mechanism of the ruling APC.

While acknowledging the provisions of Section 109(1)(g) of the Constitution on defection, Adewara argued that the constitutional provision must be applied strictly and not selectively or politically.

The party challenged the Assembly to make public the evidence placed before it and demonstrate that the requirements 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,” Adewara said.

The PDP also questioned the rationale behind the APC allegedly using the machinery of government to sanction lawmakers who had chosen to join 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 opposition party further accused Governor AbdulRahman AbdulRazaq and Speaker Danladi of allowing partisan interests to interfere with the independence of the State Assembly.

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.

The PDP warned that it would resist any attempt to use the legislature to intimidate or persecute its members, saying it was prepared to pursue judicial and other lawful avenues to protect Odetundun, Gideon and the constituents they represent.

The party therefore called on the leadership of the House to reverse the decision and allow the courts, where necessary, to determine the constitutional implications of the lawmakers’ defection.

The declaration has consequently opened a fresh political and legal dimension to the defection of the two lawmakers, with the future representation of Edu and Irepodun constituencies now likely to become the subject of further constitutional and political proceedings.