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The brewing political crisis in Rivers State took a new turn on Monday after 27 lawmakers elected on the platform of the ruling Peoples Democratic Party (PDP) in the state, defected to the All Progressives Congress (APC), a situation that led to discordant reactions among the parties.

Led by Speaker Martins Amaewhule, the 27 legislators, who are loyal to the Federal Capital Territory (FCT) Minister and former Governor of the state, Nyesom Wike, accessed the Assembly Complex as early as 7 am where they announced their decision during a sitting.

Also, some members of the Social Democratic Party (SDP) and APC in Ahoada West defected to the PDP and declared support for Governor Siminalayi Fubara.

The defection of the lawmakers was welcomed by the APC as the PDP, Labour Party, LP, and groups kicked and urged the Independent National Electoral Commission (INEC) to conduct fresh election in the affected 27 Rivers State constituencies, which they said had become “vacant.”

On his part, Elder Statesman,  Edwin Clark, has urged President Bola Tinubu to intervene in the Rivers crisis to avert anarchy, saying “Rivers is very important to the stability of the Niger Delta and overall national economy; and any breakdown of law and order there will not be in the overall interest of all.”

Defectors are real democrats —APC

Speaking on the issue at a press conference in Port Harcourt, the Caretaker Chairman of the APC in Rivers State, Tony Okocha, expressed delight and desecribed the defectors as real democrats.

He said: “Today, we received 27 former members of the PDP into the APC, Rivers State.  We commend the defectors. If the governor of the state has decided to give vent to four persons over 27, how does that go? We have gone pass the era of 16 being above 19.”

Okocha, who is also the Rivers State representative on the board of Niger Delta Development Commission (NDDC) continued: “There is no government in Rivers State. This governement was built on the plank of continuity.  Nothing is happening in the state. People are hungry. They are angry. There has to be checks and balances. There will be a check to the government now. We commend the defectors for this decision they have taken. They are real democrats.”

PDP asks INEC to conduct fresh polls in 27 Constituencies
However, the PDP said the lawmakers who defected ‘willfully’ had forfeited their seats, “and demanded that the INEC should immediately commence the process of conducting fresh elections into the 27 state constituencies in Rivers State.

National Publicity Secretary of the PDP, Mr. Debo Ologunagba, in a statement, in Abuja, said: “The PDP asserts that by defecting from the PDP, the political party platform on which they were elected into the Rivers State House of Assembly, the seats of the respective 27 former lawmakers have become vacant by virtue of the provision of Section 109 (1) (g) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

“For the avoidance of doubt, Section 109 (1) of the 1999 Constitution provides that ‘a member of a House of Assembly shall vacate his seat in the House if … (g) being a person whose election to the House of Assembly 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…

‘“By reason of the above Constitutional provision and its clear interpretation by the Supreme Court, the 27 defected members of the Rivers State House of Assembly have vacated and lost their seats, rights, privileges, recognition and obligations accruable to members of the Rivers State House of Assembly.

“The PDP therefore demands that the Speaker of the Rivers State House Assembly immediately comply with the provision of the Constitution by declaring the seats of the 27 former lawmakers vacant.

“In view of the vacancy now existing in the 27 State Constituencies in Rivers State, the PDP demands that INEC should within the stipulated period under the Constitution of the Federal Republic of Nigeria, 1999 (as amended) conduct fresh election to fill the vacancies.

“Our Party cautions that the former lawmakers should stop parading themselves as members of the Rivers State House of Assembly as such would amount to impersonation with serious criminal consequences.”

LP Kicks

In like manner, the LP joined the clamour for fresh elections to be conducted in Rivers State to fill vacancies allegedly created by the defection of the 27 legislators citing provisions of Section 109 (1) (g) of the Constitution.

In a statement, Rivers State Chairman of the Labour Party, Hilda Dokubo, said “the above provision of the constitution is very clear about the fate that must befall those legislators who betrayed the party that sponsored them.”

Recalling that in 2022, a Federal High Court sitting in Abuja sacked 16 Ebonyi House of Assembly members for defection based on Section 109 (1) (g) of the Constitution; 18 members of Cross River House of Assembly and two House of Representatives members; and the LP suffered the same fate in Ondo, she urged the Rivers State Speaker to declare the seats of the 27 lawmakers vacant, and the INEC, to organise fresh polls.

“The Labour Party can also vividly recall that in 2012, our member representing Akure North/Akure South Federal Constituency defected to another party. This case lingered until the Supreme Court in 2022 ordered him to immediately vacate his seat following his defection from the Labour Party. The Court’s unanimous judgement held that the lawmaker who decamped from the Labour Party to another party was constitutionally unfit to retain his seat as a federal lawmaker in the House of Representatives,” she added.

Group writes INEC, Demands By-elections in Rivers

Indeed, a Non-Governmental Organisation, Centre for Reform and Public Advocacy, CFRPA, has written to the National Chairman INEC, Prof. Mahmood Yakubu demanding for a declaration of vacancy and the conduct of a by-election in 27 state constituencies in Rivers State.

The letter which was signed by CFRPA‘s Legal Adviser, Kalu Kalu Agu, asked the INEC to commence the process of organising the election.

It said that by virtue of the decision in Ogbuoji Vs Umuha (2022) 8 NWLR (PT 1832), 323, the INEC shall conduct a by election to fill the vacancies created by the said defections.

“In view of the foregoing, we respectfully implore you (INEC Chairman) to commence the process of conducting a bye-election in Rivers State to fill the said vacancies. Take notice that in the event you fail to heed to our demand within 48 hours of receipt of this letter, we shall commence a legal action to compel you to comply with the provisions of the 1999 Constitution.”

Clark writes Tinubu, urges him to douse tension
On his part, Former Federal Commissioner for Information and South-South Leader,  Edwin Clark, asked President Tinubu to urgently intervene in the Rivers State political crisis where the governor, Siminalayi Fubara and his predecessor, Nyesom Wike have been engaging in political war.

Clark said that the problem must be nipped in the bud by President Tinubu against the backdrop that Rivers State is very important to the stability of the Niger-Delta and the overall national economy.

The letter read in part: “Further to my letter yesterday of 10th December, 2023 on the lingering situation in Ondo State, I would like to write again as promised to call your urgent attention in dousing the state of deep political divide in Rivers State. As you would recall, I had earlier addressed a press conference four weeks ago when the political crisis started in Rivers State, appealing to you to personally handle this matter.

“I thank you for the action which you took at the time, including urging the Governor, Siminalayi Fubara and his predecessor in office, Mr. Nyesom Wike, who is today a Minister in your government to sheath their swords. However, let no one be deceived, the situation is not yet over and things seem to be degenerating by the day.

“Both the minister and governor are my sons and that informs my particular interest to ensure that peace returns as soon as possible to Rivers State.” 

Besides, Rivers State is very important to the stability of the Niger Delta and the overall national economy. Therefore any breakdown of law and order there will not be in the overall interest of all.

“I am very sure that your security and media people could have kept you abreast of what we see happening every day. First and foremost is the fact that the Governor of Rivers State has since gone on to apologize to the people of the State over what he considers to have been how the political intrigues created anxiety and tension in the state when it occurred. As a former Governor, you will agree with me that this is gentlemanly and commendable of the Governor.

“However, I am surprised that the public utterances by the Minister, Mr. Wike and other related developments do not give an impression that he has moved much forward in resolving this matter.

“On one occasion, he stated that impeachment is not a military coup…”, the continued press statements and interviews by the Minister of the FCT leaves no one in doubt that nothing is okay. In fact, in his recent interview held on Friday, 24th November, 2023, the Minister charged one of his group of guests that the Governor is ungrateful, concluding that ‘I cannot stand ingrates.’ He continued stating how he had helped the Governor to become what he had become today and threatening publicly that he would continue the fight if the Governor ‘changes the structures which I left in the state.’

“Mr. President, I want to seek your clarification, why is the Minister keeping structures and for what purpose? I recall that in his days as a Governor, he had attacked the concept of godfatherism as totally unacceptable. As a matter of fact, this made him fall out with his predecessor, Rotimi Amaechi…

“If all governors who as a matter of right, insist on allowing their favoured candidates as successor, insist on controlling them, insist on controlling the State Assemblies, insist on controlling the structure which they left behind, what manner of confusion will we have in Nigeria?”

Save Rivers from Anarchy, CSOs urge Tinubu
Speaking on the development, Human Rights groups, Ogoni Development Drive, ODD and a Coalition of Rivers Civil Society, CSOs have called on President Tinubu and the Inspector General of Police, Kayode Egbetokun, to save Rivers State from being plunged into anarchy.

The convener of ODD,  Solomon Lenu, at a press briefing in Port Harcourt, called on the Rivers State Commissioner of Police, Olatunji Disu, not to allow himself to be dragged into the mud by the actions of political actors in the State as regards the present crisis rocking the House of Assembly.

Lenu urged the CP not to draw a bad reference to a former Commissioner of Police in the State, Joseph Mbu “who has come to be known as a notorious Commissioner of Police that aligned himself with acts of lawlessness in the state in 2013.

“The Commissioner of Police and his men should remain neutral and obey the court orders in this matter by not allowing any of the two factions to gain access to the Assembly complex.

“We want peace in Rivers State and not anarchy. We reiterate that Mr President should caution his minister to give peace a chance and allow Fubara to attend to his responsibilities as a governor who was duly elected by the Rivers people.”

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