From Abdullateef Bambgose
Senate, yesterday, said Senator Enyinnaya Abaribe by himself confirmed that he has been without a political party following his formal defection from the All Progressives Grand Alliance, APGA, to the African Democratic Congress, ADC.
Abaribe was among several senators who formally notified the chamber of their movement to the ADC through letters addressed to the President of the Senate, Godswill Akpabio.
Other lawmakers who announced their defections included Senator Aminu Tambuwal from the Peoples Democratic Party (PDP), Senator Victor Umeh from the Labour Party (LP), Senator Mohammed Onawo from the PDP, as well as other senators who also moved to the ADC.
Following the presentation of the defection letters, the President of the Senate raised constitutional concerns over Abaribe’s move, noting that there was no known division within APGA that would justify the defection under the Constitution.
Akpabio stated that the Constitution clearly provides the conditions under which a lawmaker may defect from the political party that sponsored his election without losing his seat.
“I am not aware of any division within his political party. APGA remains one of the most cohesive political parties in the country”, he said.
He added that the affected senator could withdraw his letter of defection if he wished, but warned that the Senate might have no option but to refer the matter to the Legal Department of the National Assembly and external solicitors for advice if the defection stands.
During the debate, the Senate also examined relevant constitutional provisions guiding eligibility for election into the National Assembly and party affiliation.
Akpabio cited Section 65(2) of the Constitution, which states that a person shall be qualified for election into the Senate or the House of Representatives if he is a member of a political party and is sponsored by that party.
He also referred to Section 68(1)(b), which provides that a member of the Senate or House of Representatives shall vacate his seat if any circumstance arises that would have disqualified him from being elected into the legislature in the first place.
According to the Senate , the constitutional provisions raise the question of whether a lawmaker can remain in the Senate without belonging to a political party.
He, however, suggested that the senator be given time until the next legislative session to provide clarification or reconsider his position while the Senate studies the matter within the framework of the Constitution.
