…says delay portrays sectional loyalty, sets dangerous precedent
Elder statesman and prominent Niger Delta leader, Chief Edwin Clark, has urged the Independent National Electoral Commission (INEC) to urgently conduct by-elections to fill 27 vacant seats in the Rivers State House of Assembly (RSHA).
In an open letter addressed to INEC Chairman, Prof. Mahmood Yakubu, dated January 21, 2025, Chief Clark decried the prolonged vacancy, which he said has deprived constituents of representation and violated constitutional provisions.
The vacancies arose following the defection of 27 lawmakers from the Peoples Democratic Party (PDP), which sponsored their elections, to the All Progressives Congress (APC). Clark pointed out that their actions contravened Section 109(1)(g) of the 1999 Constitution (as amended), which mandates lawmakers to vacate their seats upon defection if there is no division within their sponsoring political party.
“These 27 individuals openly announced their defection on the floor of the House when there was no crisis in the PDP. By this action, they automatically lost their seats in accordance with the Constitution. Yet, more than a year later, INEC has not conducted by-elections to replace them,” Clark wrote.
The leader of the Pan Niger Delta Forum (PANDEF) traced the origins of the crisis to political tensions in Rivers State following the 2023 gubernatorial election, which saw Siminalayi Fubara, backed by his predecessor Nyesom Wike, emerge as governor.
He alleged that a fallout between the two men escalated into a political feud, leading to the defections and subsequent turmoil within the RSHA.
According to Clark, the defection of the lawmakers was celebrated by the APC faction in the state, yet the defectors have sought to evade consequences by engaging in legal battles.
He criticised this tactic, describing it as a blatant disregard for the rule of law.
“These persons ought to be honourable members but have instead resorted to perjury and deceit to justify their actions. They even lied on oath in court, claiming a non-existent division in the PDP to rationalise their defection,” he added.
Chief Clark emphasised that INEC has a constitutional responsibility to act.
Quoting Section 118 of the Constitution, he noted that INEC is empowered to conduct elections and by-elections to ensure full representation in legislative houses. Failure to do so, he warned, undermines the democratic process and violates the rights of affected constituencies.
“It is mandatory for INEC to conduct by-elections to fill these seats. The continued delay portrays sectional loyalty and sets a dangerous precedent for our democracy,” Clark stated.
Clark concluded by calling on INEC to uphold its statutory obligations and the supremacy of the Constitution.
He also criticised what he described as widespread disregard for the rule of law by public officials, warning that such actions threaten Nigeria’s democratic foundations.
“This is no longer about politics; it is about the survival of our nation. The Constitution binds us together, and its provisions must be obeyed. If we fail to uphold the law, Nigeria risks becoming a failed state,” he said.
“In concluding this Open Letter, I plead with the Chairman of INEC, to without delay, conduct by-elections to fill the vacant seats and give adequate representation to the people of the affected constituencies.
“What is really happening in Nigeria where the presidency, legislature and judiciary are committing a breach of the 1999 Constitution which has empowered them to occupy the offices they are today?
“Nigerians are asking what is happening, particularly the defiance of the number one law of the country, the Constitution, which binds the nation together.
“This is no longer politics; it has nothing to do with politics. This is an obvious case of people who think that they are above the law, people who are entrusted with our patrimony, our natural assets, using these same resources to circumvent the laws of the land, dominate and oppress others.
“The President of Nigeria, his Ministers, members of the National Assembly, etc., who came into power by the provisions of the Constitution, seem no longer to be in a position to defend the Constitution.
“There cannot be a government in any country if the constitution that binds everyone together is being bastardised. Nigeria is no doubt heading to a failed state. God forbid. This will not happen because the Nigerian people will defend it.
The supreme laws of the country must be obeyed if there must be a country called Nigeria,” Clark stated
