The Human Rights Writers Association of Nigeria has urged the Independent National Electoral Commission to immediately organise by-elections to fill vacant seats in the Rivers State House of Assembly following the defection of 27 lawmakers from the Peoples Democratic Party to the All Progressives Congress.
This call comes after the lawmakers controversially overrode Governor Siminalayi Fubara’s veto on three bills, despite court rulings affirming their loss of legislative legitimacy due to their defection.
In a press statement issued by Comrade Emmanuel Onwubiko, HURIWA’s National Coordinator, the group condemned the lawmakers’ actions, describing them as a “flagrant affront to constitutional democracy.” HURIWA cited Section 109(1)(g) of the 1999 Constitution, as amended, which mandates that any lawmaker who defects from the political party under which they were elected must vacate their seat unless there is a division within the party.
The association highlighted several landmark judgments reinforcing this constitutional provision. In Attorney General of the Federation v. Abubakar (2007), the court ruled that defection without legitimate justification results in automatic loss of legislative seats. Similarly, in Ifedayo Abegunde v. Ondo State House of Assembly & Ors (2014), the Supreme Court held that lawmakers who cross-carpet without evidence of a party division must vacate their positions.
HURIWA also referenced a recent ruling by Justice Sika Aprioku of the Rivers State High Court, affirming that the defected lawmakers had forfeited their seats. “Justice Aprioku emphasized that Section 109(1)(g) of the Constitution is self-executing, meaning defection automatically triggers the loss of legislative membership without requiring additional judicial action,” the statement noted.
The court further ruled that Governor Fubara could only engage in legislative business with the remaining legitimate members of the House. Justice Aprioku dismissed a suit by the Registered Trustees of the Association of Legislative Drafting and Advocacy Practitioners seeking to compel the governor to re-submit the 2024 budget to the defected lawmakers, imposing a penalty of ₦500,000 on the claimants.
HURIWA criticised the defected lawmakers for attempting to exercise legislative powers, describing their actions as both illegitimate and unconstitutional. “Their attempts to override the governor’s veto further erode the sanctity of legislative authority and undermine constitutional order in Rivers State. Their actions amount to building illegality upon illegality,” HURIWA stated.
The association accused the lawmakers of prioritising their loyalty to former Governor Nyesom Wike, now the Minister of the Federal Capital Territory, over their constitutional responsibilities. “Their identification as loyalists of one man who seeks to perpetuate himself as a political godfather demonstrates their absolute lack of legitimacy to exercise any legislative authority,” the group asserted.
HURIWA called on INEC to fulfil its constitutional duty by conducting by-elections to replace the defected lawmakers. It stressed that the people of Rivers State deserve legitimate representatives who prioritise their constituents’ interests. “Failure to act swiftly will only deepen the constitutional crisis and further erode public trust in Nigeria’s democratic institutions,” the group warned.
The association also highlighted additional legal precedents, such as PDP v. INEC & Ors (2007), where the court ruled that defection without a legitimate division in the party results in forfeiture of the legislative mandate. Similarly, in Amaechi v. INEC (2008), the courts reinforced that electoral mandates belong to political parties, not individuals.
Commending Governor Fubara for resisting illegality, HURIWA urged him to remain resolute in upholding the rule of law and safeguarding the integrity of Rivers State’s governance structures.
HURIWA further called on civil society organisations, legal practitioners, and Nigerians to join the campaign for constitutional fidelity in Rivers State. It urged the judiciary to expedite pending cases involving the defected lawmakers to restore normalcy and prevent further legislative abuse.
“Nigeria must prioritise constitutional purity over the whims of political actors who seek to distort the law for selfish ends,” HURIWA stated, warning that disregard for constitutional provisions undermines governance and sets a dangerous precedent.
Reaffirming its commitment to advocating for democracy, HURIWA urged Nigerians to remain vigilant and hold leaders accountable, emphasising that respect for the Constitution is the cornerstone of a functioning democracy.
