Defection: Peoples Democratic Party demands Oborevwori resignation from office, or face legal action
The Peoples Democratic Party (PDP) has requested that Governor Sheriff Oborevwori of Delta State to vacate his seat following his defection to the All Progressives Congress (APC), adding that the party leadership has equally instructed the national legal adviser to recover the mandate taken away by the Governor.
Penpushing reports that Acting National Chairman of the party Umar Damagun, made the demand on Tuesday, after a closed-door meeting of the National Working Committee (NWC) held at the party’s national secretariat in Abuja.
The Acting National Chairman speaking with journalists emphasized that the fortune of the party cannot just be left in the hands of adversaries, explaining that the Governor cannot continue to hold on to what he described as the party’s stolen mandate in line with the Electoral Act.
“We have also instructed the national legal adviser to recover our mandate that they have taken away. The fortune of this party cannot just be left in the hands of our adversaries’ Damaun declared.
‘So, we will take legal action to retrieve those mandates in line with the Electoral Act that says whenever you leave you must leave the chair that you have occupied. So, we are still going to do that,” he said.
Penpushing further reports that Damagum expressed optimism that the National Working Committee (NWC) of the opposition Peoples Democratic Party (PDP) is united and functional.
“I also want to warn that party faithful should be faithful to the party as you can see, we have an NWC that is devoid of any crisis. The party is intact and it will continue to live,” he added.
Penpushing also reports that the Acting National Chairman disclosed that the party will soon organise its national convention to elect a new set of national executives.
“We will soon have a convention to usher in a new executive. So, I want to say here unequivocally that PDP is one and it will continue to be one indivisible party’, Damagum stated
Penpushing reports that he equally emphasised that the Peoples Democratic Party (PDP) leadership will not be intimidated by alleged mischief of the ruling All Progressives Congress (APC).
“No amount of intimidation or mischief can bring down this party. It has survived all sorts of machinations in the past and this one is just a child’s play. We’ve already crossed the line; we’re looking forward to 2027 where the country will speak based on the existing hardship that has been deliberately imposed on people. So, I want to thank you’, he said.
Penpushing further reports that contrary to the Peoples Democratic Party (PDP’s) position, the Nigerian constitution does not require Governors or their Deputies to vacate office upon defection.
The legal experts and past court rulings affirm that only legislators, specifically members of the National Assembly and State Houses of Assembly are compelled to vacate their seats upon defection, except in cases of internal party crisis.
Penpushing also reports that sections 68(1)(g) and 109(1)(g) of the constitution govern such provisions, but they do not extend to presidents, vice presidents or governors and deputy governors.
Meanwhile, this legal stance was reaffirmed in the Supreme Court ruling in Atiku Abubakar v. Attorney-General of the Federation (2007), which upheld the right of elected executive office holders to defect without losing their positions.
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