The Legal Defence and Assistance Project (LEDAP) has threatened to sue 15 members of the All Progressive Congress (APC) senators in National Assembly who defected to Peoples Democratic Party (PDP), if they fail to resign.
In a statement signed by the National Coordinator, LEDAP, Mr. Chinonye Obiagwu, the group said its position is informed by the provisions of section 68 (1)(g) of the 1999 constitution of Nigeria, as amended.
The section provides that any legislator who defects from the party, which sponsored his election to the National Assembly, where there was no division in the party, must vacate his seat in the National Assembly.
“The Supreme Court has acknowledged this section of the constitution in the case of Hon. Ifedayo Abegunde v. the Ondo state house of assembly SC.643/2014.
“The principles enunciated by the Court in the Fedeco v Goni supra and AG Federation v Abubakar (supra), are to the effect that only such fractionalization, fragmentation, splintering or “division” that makes it impossible or impracticable for a political party to function as such will, by virtue of the proviso to Section 68(1) (g), justify a person’s defection to another party and the retention of his seat for the unexpired term in the house in spite of the defection,” the group said.
Therefore LEDAP insisted that any legislator defecting to another party, must resign, otherwise such legislator will be acting unlawfully and, has no right of vote at the National Assembly.
His words: “Thus, all motions or bills passed by the National Assembly in which such legislator participated in the debate or voted in the passage are null and void.
“The National Assembly as the lawmakers of the nation must obey the law. If these legislators fail to resign, LEDAP will seek legal action to nullify their continued sitting in the upper chambers and to nullify all bills and motions in which they participated or voted.
Culled from TheGuardianNewspaper