Elder statesman, Edwin Clark has called on the Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, to urgently conduct by-elections to fill 27 vacant seats in the Rivers State House of Assembly (RSHA).
In an open letter issued on Wednesday, Clark cited the defections of lawmakers from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) as a violation of Section 109(1)(g) of the Nigerian Constitution.
Clark argued that the prolonged vacancy deprives Rivers constituents of representation, stating, “The prolonged absence of representation deprives the people of their rightful voice in governance.”
He emphasized the importance of INEC fulfilling its constitutional obligations, urging Yakubu to act decisively to uphold democratic principles.
The political crisis within the Rivers Assembly stems from rival factions. The faction led by former Speaker Martin Amaewhule claims that the defectors’ seats are vacant, while the faction under Speaker Victor Oko-Jumbo argues otherwise.
Oko-Jumbo, aligning with Governor Siminalayi Fubara, said, “The seats belonging to former Speaker Amaewhule and others are vacant following their switch from PDP to APC.”
Governor Fubara reinforced this position, stating, “We have only one Rivers State House of Assembly, and that Assembly is headed by Rt. Hon. Victor Oko-Jumbo.”
Amaewhule countered by declaring the seats vacant, citing constitutional provisions for accountability. “We are acting within our constitutional rights to ensure accountability among lawmakers,” he said.
Clark Urges INEC Action
Clark stressed that INEC has a constitutional mandate to conduct by-elections for the affected constituencies.
He referenced Section 118 of the 1999 Constitution, which empowers INEC to organize elections, and warned against any stance suggesting otherwise.
“It is mandatory on INEC to conduct by-elections to fill the vacant seats in the RSHA,” he said.
He further criticized perceived disregard for constitutional provisions, stating, “The Constitution is the supreme law of the land, and any inconsistent actions or laws are void.”
Clark’s letter also touched on the broader implications of constitutional breaches in Nigeria, accusing public officials of undermining the rule of law.
“Nigerians are asking what is happening, particularly the defiance of the number one law of the country, the Constitution, which binds the nation together,” he said.
Henzodaily reports that the elder statesman warned that continued violations could lead to Nigeria becoming a failed state.
“There cannot be a government in any country if the Constitution that binds everyone together is being bastardized. God forbid. This will not happen because the Nigerian people will defend it,” Clark asserted.
Clark’s plea adds to growing calls for INEC to address the political impasse in Rivers State.