Rumors have been circulating that Rt. Hon. Blessing Sheriff Agbebaku, the Speaker of the Edo State House of Assembly, is planning to switch from the People’s Democratic Party (PDP) to the All Progressives Congress (APC). These rumors have persisted, and the Speaker has yet to publicly deny them, lending them credibility.
Given that Speaker Agbebaku won his House of Assembly election on the PDP platform, it is crucial to consider why he must lose his seat if he decides to decamp to the APC. There are lots of sentimental reasons – political integrity, ethical considerations, stability, consistency et al, why it’s a bad idea to win with PDP and then dump the party afterwards. But let’s talk about the legality of it.Â
According to the 1999 Nigerian Constitution, as amended, specifically Section 68 (1) (g), a member of the House of Assembly must vacate their seat if they become a member of another political party before the expiration of the period for which the House was elected, unless the switch is due to a division in the original party or a merger of parties The relevant part of the law states:
Section 68 (1) (g): “A member of the Senate or of the House of Representatives or House of Assembly shall vacate his seat in the House of which he is a member if:
(1) being a person whose election to the House 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; Provided that his decision to dump his party is not as a result of a division in the political party of which he was previously a member or of a merger of two or more political parties or factions by one of which he was previously sponsored.Â
Like every other Nigerian, Rt. Hon. Blessing Agbebaku has the freedom of political association and affiliation. However, except we live in Banana Island, the law must take its course.
