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Rivers: No Remedy For 25 Former Lawmakers - PDP Insists - Politics - Nairaland

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Rivers: No Remedy For 25 Former Lawmakers - PDP Insists by nairalandkachy1: 10:46am On Dec 21, 2023
December 19, 2023

Press Conference by the National Working Committee (NWC) of the Peoples Democratic Party (PDP) at the end of its Emergency Meeting on the Political Developments in Rivers State.


No Remedy for 25 Former Rivers Assembly Members- PDP
…Counsels Them to Prepare for Fresh Election


The Peoples Democratic Party (PDP) asserts that there is no remedy for the 25 former members of the Rivers State House of Assembly who by virtue of Section 109 (1)(g) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) vacated and lost their seats by reason of defection from the PDP, the Party platform upon which they were elected into the House of Assembly.

Our Party insists that having now vacated and lost their seats, the only option available for the former lawmakers, if they wish to return to the House of Assembly, is to seek fresh nomination and re-election on the platform of any political party of their choice in line with the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and the Electoral Act, 2022.

The 25 former Rivers lawmakers freely and without any cause vacated their seats, being fully aware of the consequences of defection from the Party upon which they were elected into the Rivers State House of Assembly without the conditions stipulated by the 1999 Constitution.

For the avoidance of doubt, there is no division in the PDP at the national or any other level for that matter to justify the defection of the 25 former members of the Rivers State House of Assembly from the Party. They therefore vacated their seats for reasons best known to them and cannot return to the House of Assembly without passing through a fresh electoral process in accordance with the provisions of the 1999 Constitution (as amended) and the Electoral Act, 2022.

Moreover, the Speaker of the Rivers State House of Assembly Rt. Hon (Barr) Ehie O. Edison DSSRS officially declared the seat of the defected now former members vacant in line with Section 109 (1)(g) of the 1999 Constitution (as amended). The Rivers State House of Assembly, having become Functus Officio on the matter cannot re-admit the former lawmakers unless through the channel of a fresh election.

Our Party therefore counsels the former members of the Rivers State House of Assembly not to be deceived by anybody giving them the false hope and impracticable assurances in Abuja that they can return to the Rivers State House of Assembly without a fresh election or that the Independent National Electoral Commission (INEC) can be stopped from conducting fresh election into the 25 Rivers State Constituencies where vacancies have occurred by reason of their defection.

For emphasis Section 84 (15) of the Electoral Act, 2022 is clear in providing that no Courts have powers to stop INEC from conducting elections wherever and whenever a vacancy occurs in any electoral constituency.

For clarity Section 84 (15) of the Electoral Act, 2022 provides that

“Nothing in this section shall empower the Courts to stop the holding of primaries or general election under this Act pending the determination of the suit.”

The PDP demands that INEC should, in line with Section 109 (1) (g) of the 1999 Constitution (as amended) and Section 84 (15) of the Electoral Act, 2022, fix a date for the conduct of fresh election into the 25 State Constituencies in Rivers State where vacancies have occurred by reason of the defection of the now former members of the Rivers State House of Assembly, pending the determination of any suit in any court.

The national leadership of the PDP charges all members of our great Party in Rivers State to remain united and resolute in the defence of Constitutional democracy and Rule of Law in Rivers State.

Thank you for listening

Amb. Umar Iliya Damagum
Acting National Chairman
https://m.facebook.com/story.php?story_fbid=pfbid02n8VdmmMnCN412r5Enk2SBaxgoiWe5LbMthAoazRdFwwGvQHNXCZEmFHpmDf22WYil&id=100050658511735&mibextid=Nif5oz

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Re: Rivers: No Remedy For 25 Former Lawmakers - PDP Insists by AqualinaXYZ: 10:50am On Dec 21, 2023
Rivers state is too big for anyone



Nobody get Rivers even Wike is just a mere citizen like any other person


Tinubu should remove his mouth from my state else the disgrace Edo people showered on him will be a child’s play to what he’ll get in Rivers


Rivers no be Lagos

48 Likes 4 Shares

Re: Rivers: No Remedy For 25 Former Lawmakers - PDP Insists by Xscape1993(m): 11:00am On Dec 21, 2023
A good judgement. Wike can not hold everybody to ransom ooo. Over everything is bad ooo. He is not in PDP and he is not in the evil party call APC. Always causing political confusing here and there.

8 Likes 1 Share

Re: Rivers: No Remedy For 25 Former Lawmakers - PDP Insists by Khallicopyro: 11:03am On Dec 21, 2023
I thought Sim Fubara conceded too easily... The law says as a HOA member, you lose your seat if you decamp to another party

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Re: Rivers: No Remedy For 25 Former Lawmakers - PDP Insists by Minime10(f): 11:03am On Dec 21, 2023
Re: Rivers: No Remedy For 25 Former Lawmakers - PDP Insists by Pierohandsome: 11:06am On Dec 21, 2023
I said something like this when I read about the directives by Mr President.

I said the president thought he is dealing with Fubara directly by issuing such one sided directive he called intervention. He forgot that this is no longer about Fubara, it is now a party thing between APC and PDP, and nothing can be done to help the defectors. Even if you remove Fubara through the supreme Court which is a hard nut to crack, that won't still bring the defectors back to their seat, they are gone for good , except they recontest, and they will never win

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Re: Rivers: No Remedy For 25 Former Lawmakers - PDP Insists by simpleseyi: 11:06am On Dec 21, 2023
Let PDP go and conduct election into their seats then
Re: Rivers: No Remedy For 25 Former Lawmakers - PDP Insists by Zico5(m): 11:28am On Dec 21, 2023
Fubara must not fall into the trap of Wicked Wike. That man is just too greedy and dangerous. How can a single person cage legitimate governor of a whole state. He still want to continue to rule by proxy. PDP must rise to defend the governor. Tinubu cannot do anything.

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Re: Rivers: No Remedy For 25 Former Lawmakers - PDP Insists by nairalanda1(m): 11:28am On Dec 21, 2023
By rights, the reps lose their seat once they defect.

But you know, since 1999, when the first defections happened and nothing was done,....

1 Like

Re: Rivers: No Remedy For 25 Former Lawmakers - PDP Insists by richard870(m): 11:29am On Dec 21, 2023
Lolz
Re: Rivers: No Remedy For 25 Former Lawmakers - PDP Insists by Greenfusion: 11:29am On Dec 21, 2023
Better, they should follow Wike to Abuja
Re: Rivers: No Remedy For 25 Former Lawmakers - PDP Insists by robosky02(m): 11:29am On Dec 21, 2023
Rivers Crisis: Let the law takes its course..As the impeachers have impeached themselves


On the 30th of October 2023
In a session that was presided over by the Speaker of the 10th Rivers State House of Assembly, Rt Hon Martins Amaewhule and attended by a good number of members, the Leader of the House, Hon Edison Ehie and those loyal to the governor were suspended. And a notice of impeachment was served on the governor of the state Amaopusenibo Siminilaye Joseph Fubara

However, the state governor came out to ask the reason for his impeachment to which they have not answered till date.

However a lot of waters have passed under the bridge in the past few days. With accusation and counter accusation.

It will be recalled that even the main auditorium of the hallowed chembers was burnt by unknown individuals a night before the impeachment notice was to be served.

Of the 32 members of the Assembly 27 are strong supporters of the FCT
minister in the course of carrying out there treat have decamped from the PDP to join the APC.

The remaining 5 members who are also believed to be supporters of the Gov. Sim Fubara have elected Rt. Hon. Edison Who's as the new speaker of the 10th Rivers State House of Assembly, and has since been recognize by the governor.

However the Crux of the matter is the insistence of the decamped 26 members led by Martin's Amaewhule to continue their plot of impeachment.

While the Rt. Hon. Edison faction has since declared the seat of the decamped members as vacant and see them as automatically not members of the house again.


It will recalled that in 2018, when the then Governor of Zamfara State, Governor Bello Matawalle decamped from PDP to APC, Wike was threatening fire and brimstone that he should vacate his office in line with the constitution.

Wike used the same strategy on Dr David Umahi of Ebonyi State and his Cross Rivers State counterpart Ben Ayade when they decamped from PDP to APC.

“The constitution is clear and the law must be adhered to and going by that, the decampees have lost their seats at the state legislature, it happened in Cross Rivers State so all the noise about the ex-lawmakers in Rivers State is a noise of no value,”


It will be recalled that in the Cross Rivers State Assembly case The lawmakers defected alongside the Cross River State governor, Ben Ayade, on 20 May, 2021, triggering a lawsuit by the PDP on August 27, 2021.

In arguing its case, PDP’s lawyer, Emmanuel Ukala, a Senior Advocate of Nigeria (SAN), sought the court’s interpretation of the provisions of Section 109(1)(g) of the constitution, which prohibits a lawmaker from defecting to another political party without justifiable reasons.


Mr Ukala also drew the court’s attention to the decision of the Supreme Court in the case of Ifedayo Abegunde versus Ondo State House of Assembly (2015).

He contended that the lawmakers being persons whose election to the parliament was sponsored by the PDP and having become members of another political party, their seats should be declared vacant.

In delivering his judgment on the case the trial Judge Taiwo Taiwo
noted that “the lawmakers wined and dined under the umbrella of the PDP,” but ditched the party even when there was no justification for their action.


The case of Cross Rivers State House of Assembly is what is exactly playing out in Rivers State.

Therefore Rt. Hon. Martin's Amaehule and 26 former members of the Rivers State House of Assembly have successfully impeached themselves in their quest to impeach the Gov. Sim Fubara

INEC should do the needful to conduct an election to fill in the vacant office.
Re: Rivers: No Remedy For 25 Former Lawmakers - PDP Insists by OkayDaddy: 11:29am On Dec 21, 2023
PDP is an impotent party. They can't talk when men are talking.
Re: Rivers: No Remedy For 25 Former Lawmakers - PDP Insists by SALLYBERRY01(m): 11:29am On Dec 21, 2023
unserious opposition, imagine someone like wike still a member of the party.
Re: Rivers: No Remedy For 25 Former Lawmakers - PDP Insists by Cantonese: 11:29am On Dec 21, 2023
That’s it!
Re: Rivers: No Remedy For 25 Former Lawmakers - PDP Insists by BondRiv: 11:30am On Dec 21, 2023
Failed party. Go to court and stop disturbing Nigerians.
Re: Rivers: No Remedy For 25 Former Lawmakers - PDP Insists by LordGuru1: 11:30am On Dec 21, 2023
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2 Likes 1 Share

Re: Rivers: No Remedy For 25 Former Lawmakers - PDP Insists by siraj1402(m): 11:31am On Dec 21, 2023
@Righteousness2 how market. You should be a bit busy with some other things since Nairaland was offline.
Re: Rivers: No Remedy For 25 Former Lawmakers - PDP Insists by callmevirus(m): 11:31am On Dec 21, 2023
Seun, Seun, Seun how many times I call you
Re: Rivers: No Remedy For 25 Former Lawmakers - PDP Insists by atobs4real(m): 11:32am On Dec 21, 2023
Are they Judiciary? Many loop holes in our law.
They will remain via my thoughts
Re: Rivers: No Remedy For 25 Former Lawmakers - PDP Insists by R0LL0N(m): 11:33am On Dec 21, 2023
Thank God o nairaland is back

2 Likes

Re: Rivers: No Remedy For 25 Former Lawmakers - PDP Insists by Antoeni(m): 11:33am On Dec 21, 2023
Fubara Fall Hand,
He Should know What Tinubu Has No Right to Interfere in Rivers State Affairs
Re: Rivers: No Remedy For 25 Former Lawmakers - PDP Insists by adioolayi(m): 11:33am On Dec 21, 2023
All I know is that, what the constitution says is not enough in pinning a crime or establishing that Law has been broken. Only the court of law can make such pronouncements.

By now, one would expect PDP to have take these defected lawmakers to court. Making noise on the pages of news papers won't cut it.

This is why I also believed the Speaker that declared the seats of the 27 lawmakers vacant erred in law ..went beyond his powers, because No Court has actually pronounced the actions of these 27 lawmakers illegal.

One will say, but supreme court has said where there is no division in political party, you lose your seat if you defect...I agree...but the court will still have to rule on the actions of these lawmakers to know if their actions is legal or not
Re: Rivers: No Remedy For 25 Former Lawmakers - PDP Insists by ShangTsung000: 11:33am On Dec 21, 2023
IYOO...

A step in the right direction. Wike has ruined his political career by 43% by allowing his so called structure to be dealt a massive uppercut.

ONYE ANWULU!!!
Re: Rivers: No Remedy For 25 Former Lawmakers - PDP Insists by Charly68: 11:33am On Dec 21, 2023
Who are those in PDP saying no remedy. Do they want to lose the state. ? If the lawmakers defected and impeach the governor ,will they like it that way.. Or if there is anarchy in the state and the federal Govt declare a state of emergency ,who will be the loser ?
Re: Rivers: No Remedy For 25 Former Lawmakers - PDP Insists by BondRiv: 11:34am On Dec 21, 2023
Pierohandsome:
I said something like this when I read about the directives by Mr President.

I said the president thought he is dealing with Fubara directly by issuing such one sided directive he called intervention. He forgot that this is no longer about Fubara, it is now a party thing between APC and PDP, and nothing can be done to help the detectors. Even if you remove Fubara through the supreme Court which is a hard nut to crack, that won't still bring the detectors back to their seat, they are gone for good , except they recontest, and they will never win

You are far from reality. They are still lawmakers and will continue to carry out their functions.

Stop analyzing what you know nothing about.
Re: Rivers: No Remedy For 25 Former Lawmakers - PDP Insists by waveman2: 11:34am On Dec 21, 2023
One sided resolution.The annoying part was telling the governor's to reinstate commissioners that were not loyal to him.Imagine even the ones appointed.President tinubu only played his script this guys are hell bent on impeaching fubara or arm twisting him.
Re: Rivers: No Remedy For 25 Former Lawmakers - PDP Insists by Bliss52: 11:34am On Dec 21, 2023
Funny party
Re: Rivers: No Remedy For 25 Former Lawmakers - PDP Insists by Fr33born(m): 11:34am On Dec 21, 2023
Just wondering what Nairaland Tribal bigots were using to keep themselves busy all the while Nairaland was down

1 Like

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