PDP bets survival on court. Can party legally stop defectors?

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“The PDP is placing its future on the line,” warned political analyst Dr. Chidi Nwaobia. “A legal win could breathe new life into the party; a loss might accelerate its decline.”

    ABUJA – Nigeria’s main opposition party, the Peoples Democratic Party (PDP), has initiated a high-stakes legal offensive to reclaim political seats lost to mass defections, setting the stage for a constitutional showdown that could reshape the country’s political landscape.

    The crisis reached a tipping point last week when Delta State Governor Sheriff Oborevwori formally defected to the ruling All Progressives Congress (APC), dealing the PDP its most significant blow in recent months. This followed the departure of 82 elected officials since 2023, including four senators, 19 federal representatives, and 26 Rivers State assembly members.

    Legal Gambit

    After an emergency six-hour meeting of its National Working Committee (NWC), the PDP authorized legal action under Section 68(1)(g) of the 1999 Constitution, which mandates seat forfeiture for defecting lawmakers unless their original party is factionalized.

    “We’ve instructed the National Legal Adviser to reclaim the mandates that were taken from us,” PDP National Chairman Umar Iliya Damagum declared. “The party’s fortunes must not be left in the hands of our adversaries.”

    The party has appointed South-South Zonal Chairman Emma Ogidi to stabilize its operations in Delta State, where 22 state legislators recently joined the APC.

    Constitutional Quandary

    Legal experts question the PDP’s strategy, particularly regarding Governor Oborevwori’s defection. No Nigerian court has ever removed a sitting governor for switching parties.

    “Governors’ mandates are widely interpreted as belonging to the electorate,” noted constitutional lawyer Dr. Tunji Abayomi. “While the PDP’s move is bold, courts may be reluctant to set this precedent.”

    Political analyst Dr. Chidi Nwaobia warned: “The PDP is gambling its future. A legal victory could revive the opposition, but failure may cement APC dominance.”

    APC’s Growing Dominance

    The ruling party has capitalized on the defections, with APC National Publicity Secretary Felix Morka dismissing the PDP’s threats as “baseless posturing.” However, the PDP’s legal team, led by National Legal Adviser Kamaldeen Ajibade, is preparing what insiders describe as a narrowly focused case initially targeting Delta State positions.

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