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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
News
Ambassador Omokri Amid Rejection Rumours Says World Cup Cause of his delayed resumption
Nigeria’s Ambassador-designate to Mexico, Reno Omokri, has dismissed claims that the Mexican government rejected his diplomatic appointment, attributing his delayed resumption instead to the ongoing FIFA World Cup being co-hosted by Mexico and the United States.
Speaking during an interview on Channels Television’s Politics Today last Monday, the former presidential aide said the delay was due to logistical and diplomatic considerations linked to the global football tournament, stressing that he was not the only Nigerian envoy yet to assume duty. Omokri said reports suggesting that Mexico had declined to accept him as Nigeria’s ambassador were false and were being promoted by political opponents.
“Mexico has not rejected me. Not at all,” he said.Politics He explained that the Mexican government is currently focused on hosting the World Cup alongside the United States, leaving little room to process the arrival of new diplomats. “You should understand that Mexico is right now hosting the World Cup, along with the United States of America, and all of their focus is on that,” Omokri stated.
According to him, several Nigerian ambassadors-designate are also yet to resume at their respective postings for similar reasons.Executive Branch “Most of us ambassadors have not resumed. So, I’m not the only one. A lot of my colleagues are in my situation, but it’s okay. These things happen,” he said. The ambassador-designate also accused members of the opposition of spreading misleading narratives about his appointment, insisting that such claims have no basis in reality. “The opposition will always say things like I have been rejected. We do not work on the basis of the opposition. We work on the basis of reality,” he said.
Omokri expressed confidence that Nigeria continues to enjoy cordial diplomatic relations with countries around the world and maintained that host nations would receive Nigerian envoys in due course. “The reality of it is that we have countries in the world that respect Nigeria, and they’re going to be taking Nigeria’s envoys,” he added.
News
Sad: Young Nigerian reportedly trafficked for commercial s*x dies after rescue
A young Nigerian girl who was trafficked to Cotonou, Benin Republice for prostitution has d!ed.
Sewuese passed away on Friday, July 24, 2026 in Benue State after she was brought home.
Activist, Zege Orkwande, who has been facilitating the rescue of trafficked Benue girls said investigation is ongoing and those who trafficked her will face the full wrath of law.
“People are asking “who took Sewuese to Cotonou”. Trust my process,” he wrote.
“The people that trafficked/smuggled her to Cotonou for prostitution will sure face the law and serve in prison uniform.
“All information gathered. I’m waiting for her to be buried first. REST WELL.”
News
ICPC investigates Permanent Secretary over delayed Tinubu’s approved agency funds
The Independent Corrupt Practices and Other Related Offences Commission (ICPC) has launched a probe into the alleged withholding of operational funds approved by President Bola Tinubu for six federal information agencies by the Permanent Secretary of the Federal Ministry of Information and National Orientation.
The investigation follows reports by Premium Times alleging that the Permanent Secretary failed to process payment files for the Nigerian Television Authority (NTA), Federal Radio Corporation of Nigeria (FRCN), Voice of Nigeria (VON), News Agency of Nigeria (NAN), National Orientation Agency (NOA), and National Broadcasting Commission (NBC), despite presidential approval. The delay reportedly affected the operations of the agencies, with sources alleging that Mrs. Ukaire insisted that agency heads make detailed presentations on their projects and financial utilisation before the payments could be processed.
Agency heads and civil service experts reportedly argued that the demand contravened established procedures.
They cited a circular from the Secretary to the Government of the Federation (SGF), which directs supervising ministries not to interfere in the financial administration of parastatals, noting that the agencies are accountable to their governing boards and supervising ministers rather than the Permanent Secretary for routine operational releases.
In response to the allegations, the ICPC invited Mrs. Ukaire and the heads of the affected agencies for questioning to determine the circumstances surrounding the delayed funds. Although those invited were questioned, no one was detained, and the investigation remains ongoing.
Following the report and the ICPC’s intervention, Mrs. Ukaire reportedly approved the payment files and forwarded them for disbursement. Heads of the affected agencies confirmed that the documents have now been transmitted and are awaiting final release into their respective accounts, bringing relief after months of uncertainty.
Source: Rewritten from a report by Premium Times without altering the original facts.
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