Defecting Senators,Reps Will Lose Their Seats, Says Sen. Ita Enang

Sen. Ita Enang (PDP-Akwa Ibom) has said that senators who defect
from one political party to another will lose their seats as the law
does not allow anyone who defects to retain the seat.
Enang made the
assertion on Thursday in Abuja while speaking with newsmen.
The senator explained that while it was acceptable for politicians to
defect to another party, it was unacceptable for them to retain their
seats.

The News Agency of Nigeria (NAN) recalls that some senators on the
platform of the Peoples Democratic Party (PDP) promised to defect
to the All Progressives Congress (APC) when the senate resumed
from its recess.

NAN also recalls that 37 PDP members of the House of
Representatives had defected to the APC in 2013, citing division in
the party as their reason.

Enang, who is the chairman of Senate Committee on Business and
Rules, said that the law clearly mandated that any member intending
to defect to another party must prove that there was a division in the
member’s current party or the party had merged.

According to him, there is currently no division in the PDP as
declared by the court, adding that members of the PDP intending to
defect have no ground upon which to defect.
“A Federal High Court sitting in Abuja and presided over by Justice
Elvis Chukwu had ruled on Oct. 18, 2013, that there was no division
in the PDP”, he said.

Enang also cited the case of one Mr Ifedayo Abegunde in Akure
North/Akure South Constituency, who lost his seat after defecting
from the Labour Party in 2012.
The senator said: “The court upheld the contention that the lawmaker
did not prove a division or faction within the Labour Party”.
He said that defection would be legal only if the judgement of the
court was set aside and the members could provide proof that there
was, indeed, a division in the party.
“Section 68 (1) (g) of the Constitution of the Federal Republic of
Nigeria as amended, provides that a member of the Senate or of the
House of Representatives shall vacate his seat in the House of which
he is a member.

“This shall happen if being a person whose election to the House was
sponsored by a political party”.
The section, according to him, also adds that “he becomes a member
of another political party before the expiration of the period for which
that House was elected.
It further said: “Provided that his membership of the later political
party is not as a result of a division in the political party of which he
was previously a member.

“Secondly as a result of a merger of two or more political parties or
factions by one of which he was previously sponsored”.
The lawmaker said that it was lawful for the presiding officer (the
Senate President) to declare vacant the seat of any lawmaker who
defected to another party.
He said that the Independent National Electoral Commission (INEC)
would, thereafter, be asked to conduct fresh elections to fill the
vacancy.

Enang also said that the previous proposal in the constitution
amendment to allow for an independent candidate in an election was
also rejected.
He said that the fact that some lawmakers had defected in past and
were ignored did not make the situation right.
The senator said that it was the responsibility of lawmakers to bring
the provisions of the law to lime light. (NAN)