Human Rights Activist, John Nwobodo, Esq, has written to the Independent National Electoral Commission (INEC) and the Resident Electoral Commission (REC) Enugu State over the defection of 22 members of the Enugu State House of Assembly from the PDP to the APC.
In the letter dated October 21, 2025, the activist outlined the legal implications of the defection of the members elected on the platform of the People’s Democratic Party (PDP) to the All Progressives Congress (APC) and subsequently called on the electoral body to conduct a bye election in their constituencies.
The letter reads in part: ” It is a fact of common knowledge that on Tuesday, the 14th day of October, 2025, 22 members of Enugu State House of Assembly elected on the platform of People’s Democratic Party (PDP) and Labour Party (LP) joined the Governor, Dr. Peter Ndubuisi Mbah together with the 17 Local Government Council Chairmen to defect to the All Progressives Congress (APC).
“The actions of the lawmakers carry legal consequences as provided in section 109(1)(g) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). For ease of reference, the provision is reproduced below:
“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.
“Mr. Chairman, in light of the foregoing, it is incumbent on your Commission to immediately initiate steps to conduct by-election to fill the vacancies that have been created.
“You may be reminded that by virtue of section 116(2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the bye election shall be held not later than thirty days after the vacancy occurred.
“In the instant case, the vacancy occurred on 14th October, 2025 and the thirty days latest after that date is 13th November, 2025.”
The legal practitioner tasked the INEC to: “Kindly please invoke your powers under the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and all other laws enabling you in that behalf to conduct the bye election in fidelity to the Constitution.
“Finally, let me specifically urge you, sir to stand on the side of rule of law in the interest of posterity and democracy. “
