Elder statesman Edwin Clark has written to Chairman of the Independent National Electoral Commission (INEC), Mahmood Yakubu, demanding immediate by-elections to fill 27 vacant seats in the Rivers State House of Assembly (RSHA).
This situation stems from the defection of lawmakers from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC), which Clark argues violates Section 109(1)(g) of Nigeria’s Constitution.
He criticised the ongoing political strife, asserting that the actions of the defectors have undermined the integrity of governance in Rivers State.
The political landscape is further complicated by rival factions within the RSHA. The faction led by Martin Amaewhule claims that their seats remain valid, while the faction under Victor Oko-Jumbo insists that those who defected have lost their positions.
Oko-Jumbo expressed frustration over INEC’s delay in organising by-elections, stating, “The seats belonging to former Speaker Amaewhule and others are vacant following their switch from PDP to APC.”
Governor Siminialayi Fubara has also weighed in, declaring that “we have only one Rivers State House of Assembly,” and labelling those who defected as having embarked on a “Sinbad journey.”
Clark urged Yakubu to act swiftly, saying, “Your name will be etched in history if you take this step.”
The political crisis in Rivers State has deepened since Governor Siminalayi Fubara’s administration claimed legitimacy over the RSHA. Fubara has consistently asserted that only the faction led by Speaker Victor Oko-Jumbo is recognised. “We have only one Rivers State House of Assembly, and that Assembly is headed by Rt Hon Victor Oko-Jumbo,” Fubara declared during the signing of the N1.188 trillion 2025 budget.
In contrast, former Speaker Martin Amaewhule’s faction has declared several seats vacant, citing prolonged absences from legislative duties. Amaewhule stated, “We are acting within our constitutional rights to ensure accountability among lawmakers.” However, Oko-Jumbo dismissed these declarations as “an exercise in futility,” arguing that Amaewhule and his colleagues had already lost their positions due to their defection.
The ongoing conflict reflects a broader struggle for power within Rivers State, exacerbated by tensions between Fubara and his predecessor, Nyesom Wike. As both factions vie for legitimacy, Clark’s plea underscores the importance of adhering to constitutional mandates and restoring proper representation for the people of Rivers State.
Clark said: “It is mandatory on INEC to conduct by-election to fill the vacant seats in the RSHA. Section 13 of the 1999 Constitution as Amended states:
“It shall be the duty and responsibility of all organs of government, and of all authorities and persons, exercising legislative, executive or judicial powers, to conform to, observe and apply the provisions of this Chapter of this Constitution”. Specifically, Section 118 empowers INEC to conduct elections.
No agencies or organs of government has the powers to go against these provisions of the Constitution. Where there are inconsistencies, the Constitution prevails. Section 1 (3) states:
“If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall to the extent of the inconsistency be voided”. “Therefore, it is not enough for INEC to say that it is precluded from conducting by-election for the vacant seats in RSHA, because such stance portrays sectional loyalty which is against Section 14 (4) of the Constitution.
“In concluding this Open Letter, I plead with the Chairman of INEC, to without delay, conduct by-election to fill the vacant seats and give adequate representation to the people of the affected constituencies.
“What is really happening in Nigeria where the presidency, legislature and judiciary are committing a breach of the 1999 Constitution which has empowered them to occupy the offices they are today? “Nigerians are asking what is happening, particularly the defiance with the number one law of the country, the Constitution, which binds the nation together.
“This is no longer politics; it has nothing to do with politics. This is an obvious case of people who think that they are above the law, people who are entrusted with our patrimony, our natural assets, using these same resources to circumvent the laws of the land, dominate and oppress others.
“The President of Nigeria, his Ministers, members of the National Assembly, etc., who came into power by the provisions of the Constitution, seem no longer to be in a position to defend the Constitution.
“There cannot be a government in any country if the constitution that binds everyone together is being bastardised. Nigeria is no doubt heading to a failed state. God forbid. This will not happen because the Nigerian people will defend it.
“The supreme laws of the country must be obeyed if there must be a country called Nigeria.”
