Elder statesman Edwin Clark has written to Chairman of the Independent National Electoral Commission (INEC), Mahmood Yakubu, demanding immediate by-elections to fill 27 vacant seats in the Rivers State House of Assembly (RSHA). This situation stems from

Elder statesman Edwin Clark has written to Chairman of the Independent National Electoral Commission (INEC), Mahmood Yakubu, demanding immediate by-elections to fill 27 vacant seats in the Rivers State House of Assembly (RSHA).

This situation stems from the defection of lawmakers from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC), which Clark argues violates Section 109(1)(g) of Nigeria’s Constitution.

Clark stated, “The prolonged absence of representation deprives the people of their rightful voice in governance,” emphasising the need for INEC to fulfil its constitutional obligations.

He criticised the ongoing political strife, asserting that the actions of the defectors have undermined the integrity of governance in Rivers State.

The political landscape is further complicated by rival factions within the RSHA. The faction led by Martin Amaewhule claims that their seats remain valid, while the faction under Victor Oko-Jumbo insists that those who defected have lost their positions.

Clark said: “It is mandatory on INEC to conduct by-election to fill the vacant seats in the RSHA. Section 13 of the 1999 Constitution as Amended states:

“It shall be the duty and responsibility of all organs of government, and of all authorities and persons, exercising legislative, executive or judicial powers, to conform to, observe and apply the provisions of this Chapter of this Constitution”. Specifically, Section 118 empowers INEC to conduct elections.

No agencies or organs of government has the powers to go against these provisions of the Constitution. Where there are inconsistencies, the Constitution prevails. Section 1 (3) states:

“If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall to the extent of the inconsistency be voided”. “Therefore, it is not enough for INEC to say that it is precluded from conducting by-election for the vacant seats in RSHA, because such stance portrays sectional loyalty which is against Section 14 (4) of the Constitution.

“In concluding this Open Letter, I plead with the Chairman of INEC, to without delay, conduct by-election to fill the vacant seats and give adequate representation to the people of the affected constituencies.

“What is really happening in Nigeria where the presidency, legislature and judiciary are committing a breach of the 1999 Constitution which has empowered them to occupy the offices they are today? “Nigerians are asking what is happening, particularly the defiance with the number one law of the country, the Constitution, which binds the nation together.