The Kwara State chapter of the Peoples Democratic Party, PDP, has demanded the immediate reversal of the declaration of the seats of two state lawmakers, Hon. Olushola Odetundun and Hon. Saba Yisa Gideon, as vacant, describing the action as a politically motivated attempt to punish them for defecting from the All Progressives Congress, APC.
The affected lawmakers, Gideon representing Edu State Constituency, and Odetundun representing Irepodun State Constituency, recently defected from the APC to the PDP and subsequently secured the opposition party’s tickets to contest the 2027 general elections.
The Kwara State House of Assembly had declared their seats vacant following a petition from the state APC Chairman, Prince Sunday Fagbemi, who argued that the lawmakers were elected on the APC platform but defected before the expiration of their tenure.
The Assembly relied on Section 109, 1g, and Section 109, 2, of the 1999 Constitution, as amended, which address the circumstances under which a member of a State House of Assembly may lose their seat after defecting from the political party on whose platform they were elected.
During plenary, the Leader of the House, Abdulkadir Oba Magaji, supported the application of the constitutional provisions, while other lawmakers who contributed to the debate also backed the move. Speaker Salihu Yakubu Danladi subsequently declared the two seats vacant.
Reacting to the decision, however, the PDP, through its State Publicity Secretary, Olusegun Olusola Adewara, questioned the basis of the declaration and demanded that the Assembly make public the evidence before it showing that the constitutional requirements had been met.
The party said it was particularly concerned that the process was triggered by a letter from Fagbemi, who, according to the PDP, is not a member of either of the affected constituencies.
It described this as “effectively turning the State House of Assembly into an extension of the APC’s internal disciplinary machinery.”
“While the PDP is aware of the provisions of Section 109, 1g, of the Constitution, which deals with defection by members of a State House of Assembly, the party insists that constitutional provisions must be applied strictly and not selectively or politically,” the statement said.
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The party argued that the Constitution recognizes circumstances involving division within a political party, adding that Section 109, 2, requires evidence satisfactory to the House before the Speaker can give effect to the relevant provision.
“The Kwara Assembly cannot therefore reduce a constitutional question to a mere political declaration based on a letter from the chairman of the party from which the lawmakers have departed,” the PDP said.
The party further accused the APC of attempting to use the state legislature to punish Odetundun and Gideon for choosing to join the PDP, rather than allowing voters in Irepodun and Edu constituencies to determine their representatives through the electoral process.
“If the APC is confident of its popularity, it should face the electorate instead of attempting to remove its former members through parliamentary manoeuvring,” the statement added.
The PDP also called on Governor AbdulRahman AbdulRazaq and Speaker Yakubu Danladi to recognize that the Assembly is an institution of the people of Kwara State and not “a political enforcement arm of the APC.”
It further questioned Danladi’s ability to separate his political interests from his constitutional responsibilities as Speaker, noting that he is the APC governorship candidate.
“The Speaker, in particular, as the APC governorship candidate, must demonstrate that he can separate his partisan interest from the constitutional responsibilities of his office,” the party said.
The PDP urged the Assembly to reverse the decision and allow the courts, where necessary, to determine the constitutional implications of the lawmakers’ defection.
It also warned that it would deploy “every lawful and constitutional means available, including judicial action,” to protect the rights of Odetundun, Gideon and the constituents they represent.
Gideon had previously cited concerns over internal democracy, fairness and inclusiveness within the APC as reasons for his defection, while Odetundun said his decision followed consultations with political stakeholders, supporters, associates and constituents.
The dispute is now set to deepen the political and legal debate over the interpretation of Nigeria’s anti-defection provisions, particularly the circumstances under which an elected legislator who changes political parties can retain or forfeit their seat.
The controversy comes amid heightened political activity in Kwara State ahead of the 2027 elections, with defections and realignments reshaping the political landscape.
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