Criticism Trails Kwara Assembly’s Declaration of Two Seats Vacant Over Defection

The decision of the Kwara State House of Assembly to declare the seats of two lawmakers vacant following their defection from the All Progressives Congress (APC) to the Peoples Democratic Party (PDP) has sparked controversy in the state.

The President of Orisun Igbomina, Chief Gbenga Awoyale, criticised the move, warning that the action could worsen an already sensitive political situation and turn an intra-party dispute into a broader crisis.

The affected lawmakers are Saba Yisa Gideon, representing Edu State Constituency, and Olusola Odetundun of Irepodun State Constituency. The Assembly declared their seats vacant after receiving a request from the Kwara APC Chairman, Prince Sunday Fagbemi.

Fagbemi had urged the Speaker, Salihu Yakubu Danladi, to invoke Section 109(1)(g) of the 1999 Constitution, arguing that the lawmakers were elected on the APC platform and that there was no division within the party to justify their defections to the PDP.

The House Leader, Abdulkadir Oba Magaji, relied on the constitutional provision during the debate, arguing that lawmakers who abandon the political parties on whose platforms they were elected risk losing their seats, except where the constitutional exception applies.

The Speaker subsequently declared the Edu and Irepodun seats vacant, citing the relevant provisions of the Constitution.

But Awoyale urged the Assembly and other political actors to exercise restraint, saying the constitutional provisions on defection should be respected without being applied in a manner that could further inflame political tensions.

“You cannot solve a political problem by creating another one,” he said, urging the parties to pursue reconciliation and dialogue while allowing any unresolved constitutional questions to be subjected to judicial interpretation where necessary.

Awoyale also challenged the assertion that there had been no significant disagreement within the Kwara APC before the defections.

He pointed to the party’s earlier reconciliation efforts, questioning why a reconciliation committee had been constituted if there were no grievances within the party.

“If there was nothing to reconcile, why was a reconciliation committee constituted in the first place? Why were aggrieved stakeholders being invited to the table? Why did the G-15 and other political tendencies emerge?” he asked.

He nevertheless acknowledged that the existence of disagreements within a political party does not automatically establish the constitutional grounds required to protect a defecting lawmaker from losing his seat.

“These concerns do not, by themselves, determine the legal status of any defection or invalidate the reconciliation committee,” he said.

Awoyale argued that the constitutional question should therefore be considered independently rather than determined solely by the position of the APC leadership.

“The APC State Chairman is entitled to state his party’s position, but a letter from a party chairman should not substitute for independent constitutional judgment by the legislature. The House belongs to the people, not to any political party or faction,” he said.

He further warned that the consequences of the Assembly’s decision could extend beyond the two lawmakers to residents of the affected constituencies.

“Those constituencies elected representatives. Their people should not become casualties of an intra-party dispute,” he said.

The controversy has also renewed debate over the treatment of defections in Nigerian politics, where politicians frequently move between parties as political alliances shift.

Awoyale criticised what he described as double standards in the handling of defections, arguing that politicians who cross into powerful parties are often welcomed while those who leave are condemned.

“If defection is wrong, then the principle should be consistent. Democracy cannot operate on one rule for those coming into a party and another for those leaving it,” he said.

He appealed to the Speaker and members of the Assembly to protect the independence of the legislature and prevent political disputes from undermining public confidence in the institution.

“The gavel should not become an instrument for settling political scores. Whatever our political differences, we must preserve the institutions that will outlive us,” Awoyale said.

He called on the APC leadership, the affected lawmakers and other stakeholders to return to dialogue while allowing any constitutional dispute arising from the defections to be resolved through due process.

“Kwara is already navigating a sensitive political moment. We should be reducing tension, not multiplying it,” he said.

He added: “What we need now is reconciliation, not retaliation; dialogue, not escalation; and respect for the people’s mandate above partisan interests.”