The Kwara State House of Assembly has declared the seats of two of its members, Saaba Issa Gideon and Olusola Odetundun, vacant following their defection from the All Progressives Congress (APC) to the Peoples Democratic Party (PDP).
The lawmakers represent Edu and Irepodun State constituencies, respectively.
The decision was taken during plenary on Tuesday after the state APC Chairman, Sunday Fagbemi, wrote the Assembly, asking it to invoke Section 109(1)(g) of the 1999 Constitution against the defecting lawmakers.
Fagbemi, in the letter addressed to the Speaker, Yakubu Danladi-Salihu, argued that Gideon and Odetundun were elected on the APC platform and could not retain their seats after abandoning the party for the PDP.
The APC chairman maintained that the lawmakers’ defection did not fall within the constitutional exceptions that allow an elected legislator to change political parties without losing his seat.
He said there was no division within the APC that could justify their decision to defect to another party.
“Since the two members were elected under the APC and there is no division within the party, they have no constitutional right to abandon the party for another,” Fagbemi said in the letter.
Opening the debate on the matter, the Leader of the House, Oba Mogaji, said the Assembly was dealing with a constitutional issue and was required to enforce the relevant provision of the law.
Mogaji said Section 109(1)(g) was clear on the circumstances under which a member of a legislative house could defect from the political party on whose platform he was elected.
He said, “A member shall not belong to another political party than the one that sponsored him to the House, as long as his tenure has not expired.”
The House Leader noted that the two lawmakers had defected to the PDP and were also seeking to contest the 2027 elections on the platform of the opposition party.
“They have left the APC for the PDP and are seeking reelection for their seats in the opposition party. This contravenes the Constitution,” Mogaji said.
He consequently backed the APC chairman’s request for the seats to be declared vacant.
The motion received the backing of other lawmakers, including Abolarin Gabriel, representing Ekiti Constituency; Ganiyu Folabi, representing Omupo Constituency; and Adato Oguniyi, representing Ojomu/Balogun Constituency.
Following the debate, the Speaker declared the two seats vacant, saying the action was in line with the resolution of the House.
However, the Kwara State chapter of the PDP rejected the declaration, describing it as a politically motivated attempt to punish the lawmakers for exercising their constitutional and political rights.
The party, in a statement by its State Publicity Secretary, Olusegun Adewara, questioned the procedure adopted by the Assembly, particularly the fact that the process was initiated by a letter from the APC state chairman.
“It was particularly disturbing that the process was initiated on the strength of a letter from the APC State Chairman, Prince Sunday Fagbemi, who is not a constituent from the affected constituencies, effectively turning the State House of Assembly into an extension of the APC’s internal disciplinary machinery,” the PDP said.
The opposition party challenged the Assembly to make public the evidence presented before it and demonstrate that the requirements of Section 109(2) of the 1999 Constitution were complied with before the seats were declared vacant.
While acknowledging the provisions of Section 109(1)(g), the PDP argued that the constitutional provision must be applied strictly and not selectively.
“The Constitution itself recognises circumstances relating to division within a political party, while Section 109(2) requires evidence satisfactory to the House before the Speaker gives effect to the provision,” the party said.
The PDP also faulted the Assembly for relying on the APC chairman’s letter, arguing that a constitutional question should not be reduced to a political declaration by the party from which the lawmakers had defected.
The party said the APC should face the electorate rather than allegedly using the legislature to remove lawmakers who had chosen to join the PDP.
“If the APC is confident of its popularity, it should face the electorate instead of attempting to remove its former members through parliamentary manoeuvring,” it said.
The PDP further called on Governor AbdulRahman AbdulRazaq and the Speaker to ensure that the Assembly remained an institution of the people rather than what it described as a political enforcement arm of the APC.
It specifically urged the Speaker, who is also the APC’s governorship candidate, to separate his partisan interests from his constitutional responsibilities as the presiding officer of the legislature.
The opposition party called for an immediate reversal of the decision, saying the courts should determine the constitutional implications of the lawmakers’ defection where necessary.
“The PDP will not accept any attempt to use the legislature to intimidate or politically persecute its members and will deploy every lawful and constitutional means available, including judicial action, to protect the rights of Hon. Odetundun, Hon. Saba and the constituents they represent,” Adewara said.
The affected lawmakers had announced their exits from the APC in late August amid a wave of political realignments in Kwara ahead of the 2027 elections.
Gideon, in his resignation letter to the APC chairman in his ward, cited concerns about internal democracy, fairness and inclusiveness in the ruling party.
Odetundun, in his own resignation letter, said his decision followed consultations with his constituents and political stakeholders.
He said the move was necessary to realign his political direction with the interests of the people of his constituency.
Gideon’s exit also came against the backdrop of an earlier dispute with the leadership of the Assembly, which had suspended him for three months over alleged contempt.
The suspension was subsequently overturned by a Kwara State High Court, which declared it unconstitutional and nullified it.
The lawmakers’ defections followed the political realignment involving the senator representing Kwara Central, Saliu Mustapha, who also left the APC for the PDP and was subsequently unveiled as the opposition party’s 2027 senatorial candidate.
