Ben Ezechime, Enugu
A human rights lawyer, John Nwobodo, Esq., has petitioned the Independent National Electoral Commission (INEC) and the Resident Electoral Commissioner (REC) in Enugu State over the recent defection of 22 members of the Enugu State House of Assembly from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
In a letter dated October 21, 2025, Nwobodo outlined the legal implications of the lawmakers’ defection and urged the electoral body to conduct bye-elections in the affected constituencies.
According to him, the lawmakers, who were elected on the platforms of the PDP and Labour Party (LP), defected alongside Governor Peter Ndubuisi Mbah and the 17 Local Government Council Chairmen to the APC on October 14, 2025.
Quoting Section 109(1)(g) of the 1999 Constitution (as amended), the activist noted that the lawmakers automatically vacated their seats upon joining another political party before the expiration of their tenure.
“A member of a House of Assembly shall vacate his seat in the House if—being a person whose election to the House of Assembly was sponsored by a political party, he becomes a member of another political party before the expiration of the period for which that House was elected,” the letter partly read.
Nwobodo further stated that Section 116(2) of the Constitution mandates that a bye-election must be held within 30 days after such vacancies occur, stressing that the deadline in this case would be November 13, 2025.
“In light of the foregoing, it is incumbent on your Commission to immediately initiate steps to conduct bye-elections to fill the vacancies that have been created,” he urged.
The human rights lawyer appealed to the electoral umpire to uphold the rule of law and act in fidelity to the Constitution, emphasizing that doing so would strengthen democracy and serve the cause of posterity.
“Finally, let me specifically urge you, sir, to stand on the side of the rule of law in the interest of posterity and democracy,” Nwobodo concluded.
