We won’t declare defected legislators’ seat vacant –INEC

Posted by admin House, INEC Politics, Legislature Sunday, December 22nd, 2013

The Independent National Electoral Commission on Sunday said it would not declare vacant the seats of 37 members of the House of Representatives who defected from the Peoples Democratic Party to the All Peoples Congress.

Chief Press Secretary to the commission’s chairman, Mr. Kayode Idowu, said this in reaction to enquiries by The PUNCH on whether INEC would comply with the demands by the PDP to declare the seats of defected lawmakers vacant.

The 37 lawmakers defected Tuesday last week, at a session presided over by the Speaker, Mr. Aminu Tambuwal, citing “factions” in the PDP as the reason for dumping their former party.

“It has never been INEC’s duty to declare seats vacant. That is not what the law provides for. INEC’s job is to conduct elections if, and when, seats are declared vacant by the appropriate authorities,” Idowu said.

The PDP had last week written to INEC, asking it to declare the seats of the 37 members of the House vacant.

The letter was written by the PDP National Chairman, Alhaji Bamanga Tukur; and the National Secretary, Prof. Wale Oladipo.

Meanwhile, the defected federal lawmakers on Sunday said the PDP was wasting its time by seeking to have their seats declared vacant.

The defection had swelled the ranks of the APC from 135 to 172, while the numerical strength of the PDP dropped to 171.

Reacting on Sunday, the defectors said their decision to move was final, adding that they already had the backing of the ruling of a competent court of law.

Chairman, House Committee on Media and Public Affairs, Mr. Zakari Mohammed, who reacted on behalf of the 36 others, said a subsisting court ruling had barred any attempt to declare the seats of the legislators vacant.

He said, “I have asked over again, can their opinion supersede the court ruling? What they are trying to do is an attempt to promote the rule of impunity; we said so before now.

“This is our position.”

The Minority Leader of the House, Mr. Femi Gbajabiamila, said the PDP was acting in “ignorance” of the law.

According to him, INEC has no role to play in declaring any lawmaker’s seat vacant.

He argued that not even the speaker of the House could do so unless with a resolution approved by the whole House.

“There is no provision for INEC, Presidency or any of these people to declare anybody’s seat vacant; the law is very clear on this.

“In any case, I do not know of any court ruling in history where a judge will stop a citizen from exercising his fundamental human right guaranteed under the constitution.

“In this case his right to freely associate with anyone or group. That was not and can never be the ruling of the court though it is the wish of the PDP that it was. But then if wishes were horses, beggars will fly. We are happy to take over the House.

“The PDP need not be ashamed. This is the present structure in the US, perhaps the most advanced democracy in the world where the ruling democratic party is in the minority in the House of Representatives.”

-Punchwp_posts