Di defection of 27 lawmakers for Rivers State House of Assembly from di Peoples Democratic Party (PDP) to di All Progressives Congress (APC) mean say dem no be members of di assembly again.

Dis na according to one associate Professor of Public Law for Rivers State University, Ritchard Wokocha on di implications of di lawmakers actions.

E add wetin section 109 of di Nigeria constitution tok about di tenure of an assembly member including di provision wey say:

"If pesin wey dey elected on di platform of a political party comot from dat party to become member of anoda party, dat pesin don lose im seat - except wia im party bin dey crises at di time of di action or di party merge with anoda party in whose name e take come di assembly."

Di 27 lawmakers for di Rivers State House of Assembly bin defect from di PDP go APC during di 87th legislative sitting for di assembly on Monday, 11 December 2023.

But according to di individual letters di lawmakers dem write to di Speaker, Martin Chike Amaewhule wey dem read on di floor of di house, dem say di reason for di defection na sake of di division wey dey di party, wey dey in regards to di tussle for di position of di National Secretary of di PDP.

Dem say di confusion wey surround dis position don generate many court cases and e don sharply divide di party, therefore, dem no fit continue to dey for dat kain political party.

But Prof Wokocha say di situation for Rivers State right now no indicate any of dis two conditions: e no get any merger between PDP and APC and no crisis dey di PDP.

Wokocha say di apex court don clarify all dis issues and uphold similar cases wey don come up to di effect say for a party to dey considered to be in crisis, di crises need to be for di national level, like division for di board, formation of factional boards and leadership.

Dis no be di case for di PDP, weda for di national or even for di state level as di PDP get one leadership, one Exco and crises no dey di party for any part of di state, not to tok of di nation, di prof explain.

"So effectively in law, e dey considered say dem don resign from dia positions as members of di House of Assembly. In di eyes of di law, di remaining four lawmakers na di only members of di House of Assembly of Rivers State."

Wetin go happen next?

Prof Wokocha explain say Section 109 provide say wia dis kain tin happen, na di Speaker or a member of di House na im go notify di House officially and provide evidence to show say any of circumstances don happen including recall and such tins like dat.

"Once dem present dis proofs for di floor of di House, di speaker go declare those positions vacant. So no be for INEC to declare di positions vacant, na for di remaining members of di House of Assembly to seat, present dis facts officially and for di presiding pesin to declare those positions vacant and den INEC go dey called upon to conduct election to refill those positions."

E say no be di duty of INEC or court to declare those positions vacant, di law provide clearly say na di remaining members of di House suppose do dat one.

Wokocha say becos di remaining four members na di only legitimate members wey remain for di Rivers Assembly, dem get right to sit and carry out legislative functions like looking into and passing di budget of di state, becos di House of Assembly no dey dissolved.

"Di House no dey dissolved. Plenty members resign, so technically, dat na di implication wen pesin leave im position, e mean say e leave am voluntarily. Pipo resign enmasse no close down di Assembly. I believe at dis point, e dey legitimate for di remaining members to do and continue wit di work of di Assembly until INEC conduct elections to replace those wey don leave dia position."

"But if di legitimate members of di House declare di positions vacant, once dia actions dey officially recognised by di House say dem don resign and di positions dey declared vacant, if any of dem wan come back, he/she need to win dia party ticket and contest di conduct of election before dem fit come back.

Dis kain tin don happen before?

For March 2022, one Federal High Court for Abuja bin sack 20 Cross River State Assembly members ova dia defection from PDP to APC.

PDP bin bring case against di lawmakers sake of dia defection to APC.

Di judgement for di suit marked FHC/ABJ/CS/975/2021 wey Justice Taiwo Taiwo deliver hold say di lawmakers must vacate dia seats, becos dem don

INEC, speaker of di House of Representatives, National Assembly, clerk of di National Assembly, Cross River state House of Assembly, Clerk of di state House of Assembly and di APC follow join as defendants for di suit.

For dia defence, di lawmakers bin argue say crises bin dey di PDP wey make dem to expel dem from di party.

Di APC for dia submissions tell di court say di lawmakers no be registered members of di party.

However, di judge hold say di defendants get intentions to mislead di court. E say e find gaps and loopholes for dia defence as dem try to twist events to suit dia own narratives.

Justice Taiwo note say dem no only defect loudly, “dem take pictures of dia defection and bin dey well received by officials of di 26th defendant”.

For di case of former Senate President, Bukola Saraki wey bin defect from di APC to di PDP and e still retain im position, Prof Wokocha point out say crises bin dey di party at dat time.