Kwara Assembly: Section 109(1)(g) Defection Declares Two Seats Vacant

• The Kwara State House of Assembly declared the seats of two members, Saaba Gideon and Olusola Odetundun, vacant.
• This action followed their defection from the All Progressives Congress to the Peoples Democratic Party.
• The decision was prompted by a request from the APC Chairman, citing Section 109(1)(g) of the 1999 Nigerian Constitution.
• The Peoples Democratic Party rejected the declaration, questioning the procedural legitimacy and alleging political motivation.
• The PDP challenged the Assembly to demonstrate compliance with constitutional requirements, particularly regarding evidence of party division.

The opposition Peoples Democratic Party has vehemently rejected the Assembly's decision, characterizing it as a politically motivated attempt to penalize the lawmakers for exercising their constitutional and political rights.

The Kwara State House of Assembly has officially declared the legislative seats of two of its members, Saaba Gideon and Olusola Odetundun, vacant. This action, taken during a plenary session held on Tuesday, follows their defection from the All Progressives Congress (APC) to the Peoples Democratic Party (PDP). Mr. Gideon represented the Edu state constituency, while Mr. Odetundun served the Irepodun state constituency.

The process was initiated by a formal letter from the Kwara State APC Chairman, Sunday Fagbemi, addressed to the Speaker, Yakubu Danladi-Salihu. In his communication, Mr. Fagbemi urged the Assembly to invoke Section 109(1)(g) of the 1999 Nigerian Constitution against the two lawmakers. He contended that since Gideon and Odetundun were elected under the APC platform, they could not legitimately retain their seats after abandoning the party for the PDP. Furthermore, the APC chairman asserted that their defection did not align with any constitutional exceptions that would permit an elected legislator to switch political parties without forfeiting their seat, specifically noting the absence of any internal division within the APC that could justify such a move.

During the subsequent debate on the matter, the House Leader, Oba Mogaji, underscored the constitutional nature of the issue, emphasizing the Assembly's obligation to enforce relevant legal provisions. Mr. Mogaji highlighted that Section 109(1)(g) of the 1999 Nigerian Constitution clearly outlines the circumstances under which a member of a legislative body may defect from their sponsoring political party. He articulated that a legislator is prohibited from belonging to a different political party than the one that sponsored their election for the duration of their tenure.

The House Leader further pointed out that both Mr. Gideon and Mr. Odetundun had not only joined the PDP but were also reportedly planning to contest the upcoming 2027 elections under the opposition party's banner, which he deemed a direct contravention of the Constitution. His stance received support from several other lawmakers, including Abolarin Gabriel of Ekiti Constituency, Ganiyu Folabi representing Omupo Constituency, and Adato Oguniyi from Ojomu/Balogun Constituency. Following the comprehensive debate, the Speaker formally declared the two Kwara Assembly Section 109(1)(g) defection seats vacant, affirming that this decision was in accordance with the House's resolution.

In a swift response, the Kwara State chapter of the Peoples Democratic Party (PDP) vehemently rejected the Assembly's decision, characterizing it as a politically motivated attempt to penalize the lawmakers for exercising their constitutional and political rights. Olusegun Adewara, the PDP's State Publicity Secretary, raised significant concerns regarding the procedural legitimacy of the declaration. He specifically questioned the fact that the entire process was initiated based on a letter from the APC State Chairman, Prince Sunday Fagbemi, who is not a constituent of either affected constituency.

The PDP statement criticized this approach, suggesting it effectively transformed the State House of Assembly into an "extension of the APC’s internal disciplinary machinery." While acknowledging the provisions of Section 109(1)(g) of the 1999 Nigerian Constitution regarding legislative seat vacancy procedure Nigeria, the opposition party insisted that this constitutional provision must be applied strictly and not selectively. The PDP further challenged the Assembly to publicly present the evidence it considered and demonstrate that the requirements of Section 109(2) of the 1999 Constitution were fully complied with before the seats were declared vacant, particularly highlighting that the Constitution itself recognizes circumstances relating to a division within a political party as an exception to the rule against political party cross-carpeting Nigeria.

This incident in the Kwara State House of Assembly provides a live example of the contentious application of Section 109(1)(g) of the 1999 Nigerian Constitution concerning legislative defection. The core of the dispute revolves around the interpretation of the 'division within the party' exception and the procedural requirements for declaring a seat vacant. The PDP's challenge, specifically referencing Section 109(2) which mandates "evidence satisfactory to the House," underscores the importance of due process in such declarations.

The outcome of any potential legal challenges stemming from this Kwara State legislative defection could significantly clarify or further complicate the interpretation of constitutional provisions governing party switching and the vacancy of Saaba Gideon Olusola Odetundun seats in Nigeria's legislative bodies. This case highlights the ongoing tension between party loyalty and individual legislative freedom within the Nigerian political landscape.

This case provides a live example of the contentious application of Section 109(1)(g) of the 1999 Constitution regarding legislative defection, particularly concerning the procedural requirements and the 'division within the party' exception. Lawyers should monitor the potential legal challenges to this decision, as it could clarify or complicate the interpretation of constitutional provisions governing party switching and legislative seat vacancies in Nigeria.

Source: Original reporting via local media outlets.