The Action Democratic Party (ADP) has taken serious note of public statements attributed to the President of the Senate, Godswill Akpabio, indicating possible declaration of the seat of Senator Enyinnaya Abaribe vacant over alleged defection.
Let it be clearly stated: Section 68(1)(g) of the Constitution of the Federal Republic of
Nigeria, 1999 (as amended) is mandatory. It provides that a member of the National
Assembly “shall vacate his seat” if he becomes a member of another political party before the expiration of the tenure for which that House was elected, except in cases of division or merger.
The Supreme Court has repeatedly affirmed that electoral mandates belong to political parties, not individuals — see Amaechi v. INEC (2007) 18 NWLR (Pt. 1065) 42 and Abegunde v. Ondo State House of Assembly (2015) 8 NWLR (Pt. 1461) 314.
These authorities leave no room for selective interpretation.
ADP therefore calls attention to the undisputed fact that Senator Pam Nwadkon Dachungyang, elected on the platform of ADP to represent Plateau North Senatorial District, voluntarily resigned from the Party and defected to the All Progressives Congress (APC), at
a time when there was no division, merger, or internal crisis within ADP.
If the Constitution is to be invoked in one case, it must be invoked in all similar cases.
Selective enforcement would not only offend Section 1(1) and 1(3) of the Constitution —which establish constitutional supremacy — but would also erode public confidence in the
impartiality of the Senate.
The Constitution is not partisan. It is supreme.
ADP urges the Senate leadership to demonstrate fidelity to constitutional order by applying Section 68(1)(g) uniformly and without regard to political alignment.
Nigeria’s democracy demands nothing less.
Signed:
Engr. Yabagi Yusuf Sani
National Chairman
