The Peoples Democratic Party (PDP) has declared the seat of Erhiatake Ibori-Suenu in the House of Representatives vacant following her defection to the All Progressives Congress (APC).
Consequently, the party has called on the Independent National Electoral Commission (INEC) to immediately initiate the process of conducting a fresh election to fill her seat.
Ibori-Suenu was one of the five members of the House of Representatives who, on Thursday, defected from the parties on the platform of which they were elected in 2023. The other four defectors are of the Labour Party.
The daughter of a former Delta State Governor, James Ibori represents the Ethiope East/Ethiope West Federal Constituency of Delta State in the House.
In a statement on Friday by the National Publicity Secretary of the PDP, Debo Ologunagba, the party said the seat automatically became vacant following the lawmaker’s defection to another party.
Ologunagba said by defecting from the PDP to APC, it’s settled law that Ibori-Suenu willfully vacated the Ethiope East/Ethiope West Federal Constituency seat.
According to the PDP, her defection renders the seat vacant under Section 68 (1)(g) of the Nigerian Constitution.
The statement said, “For clarity, Section 68 (1) of the 1999 Constitution provides that a member of the Senate or House of Representatives shall vacate his seat in the House of which he is a member of… (g) being a person whose election to the House was sponsored by a political party, he becomes a member of another political party before the expiration of the period for which that House was elected.
“With this unambiguous constitutional provision and its clear interpretation by the Supreme Court, Hon. Ibori-Suenu has irredeemably lost her seat, along with the rights, privileges, recognition, and obligations associated with being a member of the House of Representatives.
“Hon. Ibori-Suenu should therefore desist from parading herself as a member of the House of Representatives, as such conduct amounts to impersonation with potential criminal consequences. The PDP calls on the National Assembly Sergeant-at-Arms to note that Hon. Ibori-Suenu is no longer a member of the House of Representatives.”
The statement added that the PDP has officially communicated with INEC, urging the commission to conduct a fresh election within the constitutionally stipulated timeframe to fill the vacancy in the Ethiope East/Ethiope West Federal Constituency of Delta State created by Ibori-Suenu’s defection.
The party has also directed its National Legal Adviser, Kamaldeen Ajibade, SAN, to initiate the appropriate legal action against the defector.
The PDP vowed to defend the votes and mandate of the people of Ethiope East/Ethiope West Federal Constituency, freely given to the party.
It added that the mandate cannot be usurped by any individual or political party under any guise or circumstance.
Rep Ibori-Suenu, had, in a letter addressed to the PDP chairman of the Ethiope West Council area, stated that her resignation was prompted by her alleged exclusion by the Delta State chapter of the party.