… Party’s Elders Urge Caution
By Yinka Giwa
Alarmed by the growing number of its National and State Assembly members who defected primarily to the ruling APC, the Peoples Democratic Party has resolved to pursue legal action aimed at reclaiming their seats. At its 101st National Executive Committee meeting in Abuja, the party directed the National Working Committee to initiate court cases asserting that defectors automatically forfeit their mandates under Sections 68(1)(g) and 109(1)(g) of the 1999 Constitution, absent a genuine, nationallysignificant division within the party.
The NEC communique, read by National Publicity Secretary Debo Ologunagba, also confirmed that the PDP has fixed its National Elective Convention for November 15 in Ibadan. National leadership is to notify INEC, and committees have been constituted to ensure credible preparations.
Defections trigger automatic seat vacation where no national division exists, Ologunagba held, while condemning the participation of serving lawmakers in rival party activities.
Experts say the party’s legal strategy could lean heavily on the Supreme Court ruling in Ifedayo Abegunde v. Ondo State House of Assembly (2015). In that landmark decision, the apex court upheld that defection justified only by a state‑level faction was insufficient: only a division so serious it cripples national functioning can protect an officeholder from losing their seat. Abegunde, who defected from the Labour Party to ACN, was stripped of his mandate because the court found no legitimate national division to validate his defection.
Other cited cases include Federal High Court rulings, such as the 2019 decision that declared the Ebonyi South senatorial seat vacant after Sonni Ogbuoji defected from PDP to APC, citing constitutional violation. Courts ordered INEC to withdraw his certificate of return and conduct a rerun election. A similar outcome emerged in Plateau State in 2006 when 14 PDP lawmakers defected and were deemed to have vacated their seats by operation of law .
Still, legal analysts caution that despite constitutional clarity, precedent suggests seat recovery faces strong hurdles. Courts have been reluctant to invalidate defections unless the defecting lawmaker’s original party demonstrates internal fragmentation at the national level. Many legislators have cited state-level crises to justify defection, and courts have often either dismissed suit or failed to follow through with enforcement.
At the NEC meeting, PDP Acting Chairman Umar Damagum affirmed the party’s resilience: “We remain Nigeria’s hope; founding a party to fight injustice, strengthen democracy, and lead with honour.” He encouraged members to stay united, focusing on the bigger fight toward reclaiming power in 2027. NEC also fixed its 102nd meeting for August 25.
PDP’s Board of Trustees, led by Sen. Adolphus Wabara and represented by Sen. Ahmed Makarfi, urged restraint in commentary about defectors. They emphasised reconciliation over condemnation: “We may not recover all defectors, but we must remain open to returning members and new contributors,” the BoT advised.