The Kwara State House of Assembly has declared the seats of two lawmakers vacant after they defected from the All Progressives Congress (APC) to the Peoples Democratic Party (PDP).
The affected lawmakers are Hon. Saba Yisa Gideon, representing Edu State Constituency, and Hon. Olushola Odetundun, representing Irepodun State Constituency.
Their removal followed a request by the APC leadership in Kwara State over the lawmakers’ decision to leave the party under which they were elected.
The matter was considered during Tuesday’s plenary of the Assembly in Ilorin.
A letter from the Kwara State APC Chairman, Sunday Fagbemi, was read before the lawmakers.
The party asked the Assembly to declare the two seats vacant, citing provisions of the 1999 Constitution, as amended.
The APC argued that Gideon and Odetundun were elected on its platform and subsequently moved to another political party while their tenure was still running.
According to the party, there had been no division or factional crisis within the APC that could justify the defections under the constitutional provisions governing the seats of elected lawmakers.
The request was based on Section 109(1)(g) and 109(2) of the Constitution.
The section provides for the loss of a legislative seat where a member of a House of Assembly leaves the political party on whose platform he was elected and joins another party before the expiration of his tenure, subject to constitutional exceptions.
Leading the debate on the matter, the Leader of the House, Hon. Abdulkadir Oba Magaji, said the Assembly was dealing with a constitutional issue.
Magaji maintained that the two lawmakers had voluntarily abandoned the APC and moved to the PDP.
He also pointed out that both lawmakers had gone ahead to seek the PDP platform for the 2027 election, making their defection more significant in the current political situation in the state.
The House Leader therefore supported the request for their seats to be declared vacant.
Other members of the Assembly also backed the position.
They included Hon. Abolarin Ganiyu Gabriel of Ekiti Constituency, Hon. Ganiyu Folabi Salahu of Omupo Constituency and Hon. Ogunniyi David Sheun of Ojomu/Balogun Constituency.
Following the debate, Speaker of the Assembly, Rt. Hon. Yakubu Danladi Salihu, declared the seats of the two lawmakers vacant.
The Speaker relied on Section 109(1)(g) and 109(2) of the 1999 Constitution, as amended, in making the declaration.
The decision effectively removes Gideon and Odetundun from the current composition of the Kwara State House of Assembly.
Their political movement had attracted attention in the state since late August when both lawmakers announced their departures from the APC.
Gideon, who chairs the House Committee on Livestock, resigned his APC membership after what he described as consultations with his constituents and other political stakeholders.
In his resignation letter, the Edu lawmaker cited concerns relating to internal democracy, fairness and inclusiveness within the party.
“I hereby formally resign my membership of the All Progressives Congress (APC), effective immediately,” Gideon stated.
He also assured his constituents that his decision to leave the APC would not affect his commitment to representing them.
Odetundun also resigned from the APC after consultations with supporters, political associates, stakeholders and members of his constituency.
The two lawmakers subsequently moved towards the PDP ahead of the 2027 elections and picked the opposition party’s tickets to seek re-election to the Kwara State House of Assembly.
File: PDP Logo
Consequently, the PDP has rejected the Assembly’s decision and described the declaration of the seats as illegal and unconstitutional.
In a statement issued in Ilorin on Tuesday, the party’s Publicity Secretary, Olusegun Olusola Adewara, accused the APC-led administration of using the legislature to punish politicians who chose to change political allegiance.
The PDP said the action amounted to political persecution.
The opposition party argued that the decision could deny the people of Edu and Irepodun constituencies effective representation in the Assembly.
According to the PDP, “Our party considers such a move a dangerous descent into political intolerance and an unacceptable attempt to weaponise the legislature against elected representatives whose only apparent offence is the exercise of their political choice”.
The party acknowledged that the House of Assembly has constitutional powers to regulate its proceedings and internal affairs under Section 101 of the 1999 Constitution.
It, however, argued that such powers must be exercised within the limits of the Constitution.
The PDP further warned that using legislative powers to punish lawmakers for changing political parties could undermine democratic representation.
It said the constituents of Edu and Irepodun should not be made to lose representation because of a disagreement involving political parties and elected lawmakers.
The party also indicated that the matter could lead to further legal action as it challenges the decision.
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