INEC Must Declare Diri’s Seat Vacant Over PDP Resignation, Kenneth Okonkwo Insists

The Observer
5 Min Read

 

A prominent chieftain of the African Democratic Congress and veteran Nollywood actor, Kenneth Okonkwo, has demanded that the Independent National Electoral Commission immediately declare the seat of Bayelsa State Governor, Douye Diri, vacant following his resignation from the Peoples Democratic Party.

Observers Times had earlier reported that Governor Diri resigned from the PDP alongside members of the Bayelsa State House of Assembly on Wednesday, triggering widespread speculation that he may be preparing to defect to the ruling All Progressives Congress.

The governor, who cited “obvious reasons” for his decision, declined to provide detailed explanations regarding his grievances with the party.

Mr Daniel Alabrah, the governor’s Chief Press Secretary, announced in a statement on Wednesday that the governor “made the announcement during an expanded State Executive Council meeting in Government House, Yenagoa, which had in attendance Speaker of the House of Assembly, Abraham Ingobere, his deputy, Michael Ogbere, the All Progressives Grand Alliance minority leader, Edward Brigidi and seven other lawmakers.”

According to the statement, Governor Diri’s decision to quit the PDP followed extensive consultations with leaders across the state.

He thanked his supporters who have remained steadfast with him and his administration, urging them to continue their support as he builds what he described as a strong and vibrant Bayelsa.

However, the governor made no mention of the resignation status of his deputy, Senator Lawrence Ewhrudjakpo, who was noticeably absent from the crucial meeting, in his announcement.

Writing on his Instagram page on Wednesday night, Mr Okonkwo argued that Governor Diri had automatically vacated his seat as governor by resigning from his party whilst not belonging to any political party.

The actor cited Section 177(c) of the 1999 Constitution (as amended), which stipulates that a person shall be qualified for election to the office of governor if he is “a member of a political party and is sponsored by that political party.”

He stated that INEC should act without delay, declaring the seat vacant and organising a fresh election within three months.

“Governor Douye Diri of Bayelsa State has just vacated his seat as governor by resigning from the PDP and not belonging to any party,” Mr Okonkwo wrote.

“The position of the law is that every elected member of the government must be a member of a political party, as provided in Section 177(c) of the 1999 Constitution.

“Governor Diri, being not a member of any political party, has lost his seat as governor. An elected member of government can only defect from one party to another, but cannot be partyless at any point in time.

“I therefore call on INEC to declare his seat vacant immediately and conduct a gubernatorial election in Bayelsa State within the next 90 days.”

The development has raised constitutional questions about the legality of an elected governor operating without party affiliation, with legal experts divided on whether the resignation from a political party automatically triggers a vacancy in office.

Whilst some constitutional lawyers agree with Mr Okonkwo’s interpretation, others argue that the matter may require judicial interpretation, particularly regarding whether a brief period without party membership before joining another party constitutes grounds for removing a sitting governor.

The situation in Bayelsa State mirrors similar political defections that have occurred across Nigeria’s political landscape in recent years, though few have involved sitting governors resigning from their parties without immediately announcing their new political platform.

As at the time of filing this report, neither INEC nor the PDP national leadership had issued official statements regarding Governor Diri’s resignation or the constitutional implications of his current party-less status.

Political observers are keenly watching developments in Bayelsa State, with many anticipating that the governor will shortly announce his new party affiliation, potentially resolving the constitutional questions raised by Mr Okonkwo’s intervention.

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