A non government organisation, Enough is Enough Nigeria, has urged a federal high court in Abuja to declared vacant the seats of some members of the National assembly who defected from the party through which they won election to another party saying such action is unconstitutional.
In the suit filed by its counsel,Mr Olumide Babalola, the plaintiffs are asking the curt to declare the legislators seat vacant since according to him, there is no proof that their parties were factionalised or is experiencing a major division .
Citing a leading counsel, the body affirmed that since‘The only provision is that if your political party is in trouble and is fractionalized (factionalised), major division, you can cross over, but not a division instigated for the purpose of exiting.’ – Femi Falana
The suit reads in part: “There is no division in the Respondents previous political parties that will justify defection to another party during the subsistence of their terms, we are of the respectful submission that the Respondents have voluntarily surrendered their seats in the National Assembly.”
According to him,Without a political party, no candidate can contest in Nigerian elections. Parties are central to our democratic process.
The lawyer went down memory lane and cited reference from a previous judgement delivered in a similar matter adding:In Abegunde vs Ondo State House of Assembly (2015) LPELR-24588(SC), the Supreme Court held that:
the kind of division that would entitle a politician to defect as envisaged by Sections 68(1)(a) and (g) and (222)(a)(e) and (f) of the 1999 Constitution is such that results in factionalization, fragmentation, splintering or division that makes it practically impossible or impracticable for a political party to function as such will by virtue of the provision to Section 68(1), justify a person’s defection to another party and the retention of his seat for the unexpired term in the House inspite of the defection. Otherwise, the defector automatically loses his seat.
By virtue of Sections 39 and 40 of the Constitution, which guarantee the fundamental rights of expression, conscience and opinion as well as freedom of association; every citizen is entitled to hold political opinions and belong to political associations and change such opinions and association at any time. However, such freedom is circumscribed in the case of elected legislators, and it is to enforce this legal requirement that Enough is Enough Nigeria is going to court, because the law matters.
In the Suit number titled, FHC/ABJ/CS/923/2018 was filed on August 28, 2018 at the Federal High Court, Abuja, EiENigeria & its #OfficeOfTheCitizen radio partners are seeking an order to declare the defectors’ seats vacant.
The partners are: Gift Omoniwa (Kogi); Harira Waliki (Kano), Chimezie Anajama (Akwa Ibom), Oluseun Ayoola (Oyo), Igbokwe Onyebuchi (Enugu), Collins Nebo (Enugu), Obinna Chukwuezie (Plateau), Olasupo Abideen (Kwara), Aremu Stephen (Osun), Bukola Idowu (Osun), Prince Isreal Orekha (Edo) and Franklin Oloniju (Ondo).
The suit is seeking the following reliefs:
A DECLARATION that by virtue of the 1st to 52nd Respondents’ defection from their former political parties to other ones, their seats in the National Assembly should be declared vacant.
AN ORDER mandating the 53rd Respondent (Independent National Electoral Commission INEC)) to immediately conduct bye-elections to fill the 1st to 52nd Respondents seats in the National Assembly.
Consequential ORDERS(S) as this honorable court may deem fit to grant in this circumstance.
Having decamped from the political parties that sponsored their elections, defectors should resign from the National Assembly and seek a fresh mandate from the electorate.
In Kaduna State House of Assembly, the seats of two decampees have been declared vacant by the Speaker. This process should be implemented in the other 35 states and the Federal Capital Territory.
No date has been fixed for the hearing of the suit, as the case as not been assigned to a Judge.
“We have consistently engaged the National Assembly on transparency and accountability,” says Dapo Awobekun, EiENigeria’s Program Officer (#OpenNASS), “and violating the tenants of the Constitution requires a swift response by the judiciary.”
Enough is Enough Nigeria (www.eie.ng) is a network of individuals and organizations committed to instituting a culture of good governance and public accountability in Nigeria through active citizenship. EiE’s #RSVP – Register | Select | Vote | Protect| is a key voter education campaign. EiE Nigeria was an integral part of the #OccupyNigeria movement in 2012 and is very active in the #OpenNASS and #OfficeOfTheCitizen campaign.
