Elder statesman, Edwin Clark has written to Mahmood Yakubu, Chairman of the Independent National Electoral Commission (INEC), demanding the immediate conduct of by-elections to fill 27 vacant seats in the Rivers State House of Assembly (RSHA).
Clark argued that the vacancies, caused by the defection of lawmakers from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC), violate Section 109(1)(g) of Nigeria’s Constitution, which mandates the filling of vacant seats.
The elder statesman emphasized that the prolonged absence of representation denies the people of Rivers State their rightful voice in governance, urging INEC to act swiftly in fulfilling its constitutional obligations. He criticized the political turmoil in the state, claiming that the defectors’ actions undermine the integrity of governance.
The political landscape in the RSHA is deeply divided. One faction, led by Martin Amaewhule, insists their seats are valid, while another faction under Victor Oko-Jumbo contends that the defectors have lost their positions. Oko-Jumbo has expressed frustration with INEC’s delay in organizing the by-elections, asserting that the seats held by defecting lawmakers, including former Speaker Amaewhule, are now vacant.
Governor Siminalayi Fubara has also weighed in on the issue, declaring that there is only one legitimate RSHA, which he asserts is headed by Oko-Jumbo. He has described those who defected as embarking on a “Sinbad journey” and reiterated that only Oko-Jumbo’s faction holds legitimacy. In contrast, Amaewhule’s faction has declared multiple seats vacant, citing absences from legislative duties and emphasizing their commitment to ensuring accountability.
Clark’s letter to INEC stressed that the commission is obligated under the Constitution to conduct by-elections. He referenced Section 13 of the 1999 Constitution, (as amended), which mandates all organs of Government to adhere to constitutional provisions, and Section 118, which empowers INEC to conduct elections. Clark also reminded INEC that, in cases of conflict, the Constitution prevails, and that failure to act is a breach of the law.
