A group, Enough is Enough (EiE), has gone to court to challenge the status of decamped legislators from the political parties that sponsored their elections, insisting that defectors should resign from the National Assembly and seek a fresh mandate from the electorate.

A statement by the group on Wednesday in Lagos maintained that without a political party, no candidate can contest in Nigerian elections as Parties are central to the democratic process.

“In Abegunde vs Ondo State House of Assembly (2015) LPELR-24588(SC), the Supreme Court held that: the kind of division that would entitle a politician to defect as envisaged by Sections 68(1)(a) and (g) and (222)(a)(e) and (f) of the 1999 Constitution is such that results in factionalization, fragmentation, splintering or division that makes it practically impossible or impracticable for a political party to function.

“As such will by virtue of the provision to Section 68(1), 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, otherwise, the defector automatically loses his seat,” the statement said.

“By virtue of Sections 39 and 40 of the Constitution, which guarantee the fundamental rights of expression, conscience, and opinion as well as freedom of association; every citizen is entitled to hold political opinions and belong to political associations and change such opinions and association at any time. However, such freedom is circumscribed in the case of elected legislators, and it is to enforce this legal requirement that Enough is Enough Nigeria is going to court because the law matters.

“Suit number FHC/ABJ/CS/923/2018 was filed on August 28, 2018, at the Federal High Court, Abuja. In it, EiENigeria & its #OfficeOfTheCitizen radio partners are seeking an order to declare the defectors’ seats vacant. The partners are: Gift Omoniwa (Kogi); Harira Waliki (Kano), Chimezie Anajama (Akwa Ibom), Oluseun Ayoola (Oyo), Igbokwe Onyebuchi (Enugu), Collins Nebo (Enugu), Obinna Chukwuezie (Plateau), Olasupo Abideen (Kwara), Aremu Stephen (Osun), Bukola Idowu (Osun), Prince Isreal Orekha (Edo) and Franklin Oloniju (Ondo),” the statement noted.

Filed on behalf of EiENigeria by its counsel, Mr. Olumide Babalola, the suit reads in part: “There is no division in the Respondents previous political parties that will justify defection to another party during the subsistence of their terms, we are of the respectful submission that the Respondents have voluntarily surrendered their seats in the National Assembly.”

The suit is seeking the following reliefs: A Declaration that by virtue of the 1st to 52nd Respondents’ defection from their former political parties to other ones, their seats in the National Assembly should be declared vacant.

Also, An ORDER mandating the 53rd Respondent (Independent National Electoral Commission INEC)) to immediately conduct bye-elections to fill the 1st to 52nd Respondents seats in the National Assembly.

Consequential ORDERS(S) as this honourable court may deem fit to grant in this circumstance. In Kaduna State House of Assembly, the seats of two decampees have been declared vacant by the Speaker. This process should be implemented in the other 35 states and the Federal Capital Territory.

No date has been fixed for the hearing of the suit, as the case has not been assigned to a Judge. “We have consistently engaged the National Assembly on transparency and accountability,” says Dapo Awobekun, EiENigeria’s Program Officer (#OpenNASS), “and violating the tenants of the Constitution requires a swift response by the judiciary.”