NBA president says INEC can’t declare govs’ seats vacant over defections

Osigwe

The President of the Nigerian Bar Association, Afam Osigwe, (SAN), has said the Independent National Electoral Commission lacks the constitutional authority to declare the seat of any governor vacant on account of defection from one political party to another.

The statement follows public reactions trailing the call on INEC by a chieftain of the African Democratic Congress and Nollywood actor, Kenneth Okonkwo, to declare the seat of Bayelsa State Governor, Douye Diri, vacant after he resigned from the Peoples Democratic Party, the platform on which he was elected in 2023.

Diri resigned his PDP membership on Wednesday during an expanded State Executive Council meeting held at the Government House, Yenagoa, which was attended by the Speaker of the state House of Assembly, Abraham Ingobere; his deputy, Michael Ogbere; the All Progressives Grand Alliance Minority Leader, Edward Brigidi; and seven other lawmakers.

He attributed his decision to leave the party to what he described as “obvious reasons.”

His resignation sparked speculation that he might be heading to the ruling All Progressives Congress.

The Bayelsa governor’s defection came barely 24 hours after his Enugu State counterpart, Peter Mbah, and three members of the House of Representatives dumped the opposition party for the APC.

Reacting in a post on his Instagram page, Okonkwo argued that Diri had automatically vacated his seat by resigning from the PDP without belonging to any political party.

He cited Section 177(c) of the 1999 Constitution (as amended), which provides that a person shall be qualified for election to the office of governor if he is “a member of a political party and is sponsored by that political party.”

Okonkwo, therefore, urged INEC to act swiftly by declaring the seat vacant and conducting a fresh election within 90 days.