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Defection of Lawmakers is Illegal – Falana

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FEMI Falana, Human Rights Activist, has stated why the mass defection of lawmakers at the National Assembly is illegal.

Majority of lawmakers who recently dumped the All Progressive Congress (APC) for opposition parties cited division in the ruling party. Most of them switched over to the opposition Peoples Democratic Party, (PDP).

The ruling party is currently engulfed in crisis presently in 24 states of the federation. The APC is also factionalised with the emergence of ‘Reformed APC’ from its fold.

Mr Falana, a Senior Advocate of Nigeria (SAN) said the crisis bedeviling the ruling APC was not legally enough for the defectors to have left the party.

While the constitution enables one to freely associate where their interest is being protected, the activist says this must not be so after one is being sponsored to attain whatever position the person is currently occupying.

He said anyone willing to decamp must first resign then start afresh on the mantle of the new platform and since this has not occurred the mass defection is illegal.

The senior advocate noted that defectors were supposed to lose their seats once they dump the party on which platform they were elected in the first place.

“You cannot leave the party that sponsored your election for another party without resigning so that you can ask for a fresh mandate from the electorate,” Falana said on Thursday while analysing the matter from a legal angle during an exclusive interview with Channels Television on the sidelines of an event in Lagos.

“That has not happened in this case. What the law is saying is that before you can have a division that will necessitate or legalise your defection, the division in your party must be total.”

The lawyer insisted that a defection cannot be based on a division announcing a press conference, saying the process of leaving a party for another was more than that.

“It cannot be a figment of imagination; it cannot be an artificial fictionalisation. In this instance, I have not recognised a division envisaged by the constitution,” he said.

Falana, however, said if the crisis in the party was similar to the one witnessed by the Peoples Democratic Party (PDP) after the 2015 general elections, such defection would have been justified by the law.

He recalled that Senators Ali Modu Sheriff and Ahmed Makarfi had led factions of the opposition party which produced two sets of national officers of the PDP.

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Edo PDP opposes suspension of LG bosses by state assembly, says ‘It’s unconstitutional’

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The Peoples Democratic Party (PDP) in Edo says the suspension of all the chairpersons and their deputies in the 18 LGAs of the state is “unconstitutional”.

The chairpersons and their deputies were suspended on Tuesday by the Edo state house of assembly for two months over alleged misappropriation of funds.

Blessing Agbebaku, the speaker of the house, said Monday Okpebholo, governor of Edo, had written a petition to the assembly regarding the chairpersons’ refusal to submit the financial records of their LGs to the state government.

In a statement, Anthony Aziegbemi, chair of the PDP in Edo, said the “illegal” suspension is a disregard to a supreme court decision that affirms the autonomy and independence of local governments.

“How can the governor direct the State Assembly to suspend democratically elected chairmen of the 18 local councils for insubordination when these elected officials enjoy autonomy and independence as enshrined in the constitution and are not subordinates of the governor, the state assembly, or any other arm of government?,” he said.

“We are also aware that the chairmen and their vices were not even given the opportunity to be heard in their detence and were suspended unheard on watery trumped up charges, in total disregard to the constitution.

“We want to restate that the constitution remains supreme, and any attempt to undermine its provisions or disregard the judiciary and its rulings is not only illegal but also a direct attack on democracy and the rule of law.

“The speaker of the Edo state house of assembly and the entire assembly have clearly overstepped their constitutional mandates with this illegal action and we urge them to immediately reverse its decision, in respect to the rule of law and democratic governance.”

Aziegbemi said the suspended officials should report to their councils on Wednesday and carry on with their normal duties.

Also speaking on the issue, Anthony Ehilebo, a PDP chieftain, said Okpebholo has no legal backing to request the financial records of the LGAs.

“In fact, the governor and the assembly members are in contempt of the supreme court,” Ehilebo said when he appeared on Politics Today, a Channels Television programme.

“The purported suspension of the local government chairmen by the state assembly is as absurd as the president asking the national assembly to suspend state governors because they refused to submit statements of accounts to him.

“This is a witch hunt. The LGA chairmen are all PDP members.”

The lawyer said the suspension “is unknown to law and will be ignored”.

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Ex-sports minister Bolaji Abdullahi resigns from PDP

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Bolaji Abdullahi, a former minister of sports and youth development, has resigned from the Peoples Democratic Party (PDP).

He disclosed his intention to resign in a letter dated December 16 and addressed to the PDP ward chairman in Ubadawaki, Kwara state.

Abdullahi confirmed the development to TheCable on Monday.

The ex-minister also said he is yet to decide which political platform to pitch tent with.

“The decision of what to do and where to go will be taken in the future that’s left to God,” he said.

In the resignation letter, Abdullahi said he reached the “difficult” decision after days of reflection and introspection.

“I write to formally resign my membership of the Peoples Democratic Party (PDP),” the letter reads.

“I have had ample time to reflect, and I have come to the difficult conclusion that this is the only tenable option for me at this time.

“Mr. Chairman, please permit me to express, through you, my gratitude to the leadership of the party for the opportunities that I have had to serve the state and the country on its platform, and for the great moments we have shared.”

Abdullahi was the PDP candidate for the Kwara central senatorial district election in 2023. He lost the race to Salihu Mustapha of the All Progressives Congress (APC).

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PDP debunks inviting Jonathan to contest 2027 presidency

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The Peoples Democratic Party (PDP) says it has not extended an invitation to former President Goodluck Jonathan to contest the presidency on its platform in the 2027 election.

Speaking with BBC Hausa, Ibrahim Abdullahi, deputy spokesperson of the country’s main opposition party, said no ticket has been issued to the former president.

Abdullahi said the party has many eligible people who can contest for the presidency on its platform, adding that a recent interview he granted was interpreted to mean that Jonathan he asked to run on the PDP platform.

“The report that PDP has issued its presidential ticket to former President Goodluck Jonathan or invited him to contest the 2027 presidential election is not true,” he said.

“What happened is this, I had an interview with a journalist where we discussed some issues.

“But in the course of the interview, he mentioned President Jonathan, asking about our opinion of him, because there are reports that he is being urged to run for the presidency.

“I responded by saying that he (Jonathan) is eligible to contest the election, because he is a Nigerian and has the right to do that by the provision of the law, and he still has one more term left.

“So, there is nothing wrong about him contesting the presidential election because he is eligible in the face of the law.”

The deputy spokesperson said the ticket would be given to someone who has shown interest in running for the presidency.

Jonathan, then in the PDP, lost the presidential election to former President Muhammadu Buhari in 2015.

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