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INEC can’t declare govs’ seats vacant over defections, says NBA president
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The President of the Nigerian Bar Association, Afam Osigwe, (SAN), has said the Independent National Electoral Commission lacks the constitutional authority to declare the seat of any governor vacant on account of defection from one political party to another.
The statement follows public reactions trailing the call on INEC by a chieftain of the African Democratic Congress and Nollywood actor, Kenneth Okonkwo, to declare the seat of Bayelsa State Governor, Douye Diri, vacant after he resigned from the Peoples Democratic Party, the platform on which he was elected in 2023.
Diri resigned his PDP membership on Wednesday during an expanded State Executive Council meeting held at the Government House, Yenagoa, which was attended by the Speaker of the state House of Assembly, Abraham Ingobere; his deputy, Michael Ogbere; the All Progressives Grand Alliance Minority Leader, Edward Brigidi; and seven other lawmakers.
He attributed his decision to leave the party to what he described as “obvious reasons.”
His resignation sparked speculation that he might be heading to the ruling All Progressives Congress.
The Bayelsa governor’s defection came barely 24 hours after his Enugu State counterpart, Peter Mbah, and three members of the House of Representatives dumped the opposition party for the APC.
Reacting in a post on his Instagram page, Okonkwo argued that Diri had automatically vacated his seat by resigning from the PDP without belonging to any political party.
He cited Section 177(c) of the 1999 Constitution (as amended), which provides that a person shall be qualified for election to the office of governor if he is “a member of a political party and is sponsored by that political party.”
Okonkwo, therefore, urged INEC to act swiftly by declaring the seat vacant and conducting a fresh election within 90 days.
However, speaking with Saturday PUNCH, Osigwe described Okonkwo’s interpretation of the law as “baseless and unconstitutional.”
According to Osigwe, neither the Constitution nor any existing judicial precedent grants INEC or any authority the power to remove a member of the executive — such as the president, vice president, governor, or deputy governor — for defecting from one political party to another.
He noted that the Supreme Court had already settled the issue in Atiku v. Attorney-General of the Federation, where it ruled that the constitutional provision on loss of seat due to defection applies only to legislators.
“In 2006, Atiku Abubakar was vice president under Olusegun Obasanjo. They were elected on the PDP platform, and when Atiku defected to the AC, the president sought to declare his office vacant.
The matter went all the way to the Supreme Court, and the court made it clear that the issue of losing a seat due to defection does not apply to the executive, only to the legislature,” Osigwe said.
He stressed that the law remains settled and should not continue to spark needless controversy.
“Here we are in 2025, still wasting time on what the Supreme Court has already settled. There is no provision in the Constitution allowing the removal of a governor because he changed parties.
A governor can defect 50 times, and there will still be no legal basis to declare his seat vacant,” he added.
Osigwe urged Nigerians and political commentators to desist from “wasting judicial and journalistic time” on matters already resolved by the courts, insisting that the constitutional position “is clear and unambiguous.”
Credit: PUNCH
A helicopter crash in Saudi Arabia killed 14 Saudi citizens on Sunday, the kingdom’s official press agency reported, adding that the aircraft belonged to state oil giant Aramco.
The Saudi Press Agency, citing an official at the energy ministry, reported the helicopter crashed in Ras Tanura in the country’s east.
“The accident claimed the lives of all 14 passengers, all Saudi citizens,” the agency said, adding that an investigation was under way to determine the cause of the crash.
Aramco says it operates more than 60 aircraft, including helicopters serving more than 300 heliports in Saudi Arabia, making it one of the largest corporate fleets in the region.
The deadly accident comes as oil-rich Gulf nations seek to ramp up their output following Iranian attacks and the closure of the Strait of Hormuz, a vital waterway for the export of oil and gas.
The Gulf monarchy did not indicate the incident was in any way connected to a hostile attack.
During the Middle East war, Iranian attacks had targeted energy facilities in the Gulf.
Ras Tanura is home to one of the largest refineries in the Middle East, with a capacity of 550,000 barrels per day, and is critical to Saudi Arabia’s energy sector.
The refinery has been targeted several times, notably during an Iranian drone attack at the beginning of the conflict, which caused a fire and forced a partial shutdown.
Riyadh said in April that the weeks-long attacks had disrupted several production operations at key facilities, with refineries in Ras Tanura as well as Jubail, Yanbu and Riyadh targeted.
Saudi Arabia, the world’s leading crude exporter, produces a little over 10 million bpd.
AFP
An Improvised Explosive Device, IED, planted by alleged bandits along the Kurawa–Sabon Birni road in Sokoto State on Sunday hit a vehicle, killing one person and injuring many passengers.
The incident raised fresh concerns over the growing use of explosive devices by criminal groups operating in parts of the North-West.
The vehicle was said to be conveying passengers from surrounding communities to Sabon Birni when it ran over the explosive device, triggering a blast that severely damaged the vehicle and left several occupants injured.
A security analyst based in the area, Bashir Guyawa, disclosed the incident in a post on his Facebook page.
Guyawa described the incident as another reminder of the persistent security challenges confronting communities along the border axis.
He said the vehicle was on a routine passenger trip when the explosion occurred.
“The vehicle was conveying passengers early this morning on their way to Sabon Birni when the unfortunate incident happened,” he wrote.
Twelve people were injured in a clash between farmers from Larabar Gadan Sarki and herders from the communities of Majawa and Karade in Warawa Local Government Area of Kano State.
The chairman of Warawa Local Government, Lamido Sunusi Ahmad, disclosed this in a statement issued by his media aide, Musleem Garindau.
The statement said the council chairman visited the injured victims at Wudil General Hospital and directed that the local government should cover the cost of their treatment until they had fully recovered.
He also commended community leaders and security personnel for their swift intervention, noting that calm had been restored to the affected communities.
The chairman urged residents to refrain from spreading rumours or engaging in any act capable of escalating tensions and instead embrace dialogue to promote peaceful coexistence.
Speaking further, the Vice Chairman of Warawa Local Government, Hon. Ibrahim Abdu Madari, explained that the conflict involved residents of the communities, all of whom are indigenous to the area.
He said reports indicated that the violence began after a cow strayed into a farmer’s field and ate some crops. The farmer allegedly beat the cow, prompting its owner to assault the farmer, and the disagreement later escalated into a wider clash.
He also reiterated his appeal to residents to live peacefully and resolve disputes through dialogue and mutual understanding.
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