The recent narrative by Senator Ighoyota Amori and the Ethiope Federal Constituency PDP Forum, calling for a by-election due to Hon. Erhiatake Ibori-Suenu’s defection to the APC, reeks of legal ignorance, misrepresentation of facts, and an attempt to manipulate public perception. Here’s a factual dissection of their claims, dismantling them with constitutional provisions, logic, and reality.
1. Misuse of Defection Clauses in the Constitution
Senator Amori’s assertion that Hon. Ibori-Suenu’s seat is automatically vacant due to her defection is misleading. The Nigerian Constitution, specifically Section 68(1)(g), provides that a member of the National Assembly loses their seat if they defect from the party that sponsored them to another party, unless there is a division or merger within the party.
Amori conveniently ignores this exception. Hon. Ibori-Suenu has cited a division within the PDP as her reason for defection—a claim that has legal weight. The courts have repeatedly held that the presence of a faction or division within a party can justify defection without the loss of a seat. The Supreme Court’s decision in A.G. Federation v. Abubakar (2007) affirmed this position. Until the courts determine otherwise, her seat remains constitutionally valid.
2. Misinterpretation of the Court Affidavit
The so-called “valid Court Affidavit” allegedly sworn by Hon. Ibori-Suenu, pledging to vacate her seat upon defection, has no constitutional backing. The 1999 Constitution (as amended) does not recognize personal affidavits or party agreements as grounds for vacating a legislative seat.
The Constitution remains the supreme law of the land as per Section 1(3), and any affidavit or agreement that contradicts its provisions is null and void. PDP cannot substitute constitutional mandates with party rules or personal agreements.
3. Flawed Logic of Vacant Seat
Senator Amori’s claim that the seat is “now vacant” and that any duties performed by Hon. Ibori-Suenu are null and void is not only presumptuous but legally unfounded. The power to declare a seat vacant lies with the Speaker of the House of Representatives, not party leaders or political forums. As of now, there is no official declaration from the Speaker. Until then, Hon. Ibori-Suenu remains a valid representative of Ethiope Federal Constituency.
4. Baseless Attacks and Political Intimidation
The attack on Hon. Ibori-Suenu as “biting the fingers that feed her” reflects the PDP’s desperation rather than any legal or moral high ground. Political alignment is a personal choice guaranteed under the freedom of association enshrined in Section 40 of the Constitution. Suggesting that her political career is “blurred and colourless” undermines her democratic right to make independent political decisions.
Moreover, disparaging the APC as “existing only on social media” reeks of political bitterness, especially given the APC’s growing influence in Delta State, evidenced by Hon. Ibori-Suenu’s strategic decision to join its ranks.
5. Misplaced Optimism on 2027 Elections
Amori’s bold claim that the PDP will dominate Delta State in 2027 lacks grounding in political reality. Recent trends show increasing voter dissatisfaction with PDP’s leadership in the state. The APC has steadily gained traction, with credible candidates and grassroots mobilization challenging PDP’s dominance. Hon. Ibori-Suenu’s defection is a testament to this shifting dynamic.
6. Illogical Invocation of Forum Elections
The Forum’s inauguration of executive members and its declaration to “reclaim the party’s vacant seat” is nothing more than a theatrical display of political hubris. The Forum lacks any constitutional or legal authority to influence INEC’s decision-making process. INEC is an independent body bound by the Constitution and cannot be swayed by politically motivated outbursts or unsubstantiated affidavits.
Quotes to Reflect Reality
As the late Justice Chukwudifu Oputa once said, “Our Constitution is not an instrument for the government to restrain the people, it is an instrument for the people to restrain the government.” This underscores the supremacy of constitutional provisions over political grandstanding.
Furthermore, Hon. Ibori-Suenu’s move aligns with her constitutional right to align with a party that represents her political ideals, a fact echoed by legal expert Femi Falana, SAN, who stated, “Defection is a constitutional issue, not a party issue. It is subject to legal determination, not emotional or political outbursts.”
Conclusion: Upholding Constitutional Supremacy
Senator Amori and his cohorts should redirect their energy towards introspection within the PDP rather than resorting to baseless accusations and constitutional misinterpretations. Their call for a by-election is premature, unfounded, and legally untenable.
The Ethiope Federal Constituency deserves representatives who respect constitutional provisions, not political opportunists clinging to outdated power structures. Hon. Erhiatake Ibori-Suenu’s defection is a legitimate exercise of her democratic rights, and any attempt to vilify her decision should be met with factual rebuttals, not political rhetoric.
The Constitution remains the guiding principle, not the whims of political forums. Let us uphold it with integrity.
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