Imo Assembly defections: Members risk losing their seats
On the defection going on in Imo State House of Assembly: Many members are risking their seats
Only members from APGA are safe to defect due to ongoing Leadership crisis in APGA .
Any other member from AA or PDP that join APGA members to defect is risking his seat .
A Defection that takes place within one year of a four year tenure without the blessing of the law, can end person’s tenure before the constitutional terminal date .
Smarts ones defect at close to the end of their tenure so that they will be able to enjoy their full tenure before the case get to the Apex Court.
See the case of Abegunde vs Ondo State House of Assembly (2014) LPELR 23683 whereby the appellant, a member of the House of Representatives defected from the Labour Party to the Action Congress of Nigeria.
“In justifying his defection, the appellant claimed that the Labour Party in Ondo State was factionalised. Since the division of the Labour Party was limited to Ondo State.
The Supreme Court held that the division did not affect the party at the national level to justify the defection. It was therefore decided that the appellant had lost his seat in the House of Representatives.
It is notable that he lost his seat due to his defection and it is on record .
Accordind Falana, Relying on the case of Atiku Abubakar vs Attorney General of the Federation (2007) 4 SC (part ii) 62 the Supreme Court held that it is only a division, factionalisation or fragmentation that can make it impossible or impracticable for a party to function, that can justify the defection of a legislator from one party to another.
We have had Anambra State House of Assembly with Majority from PDP while the governor was from another party, yet they gave the governor all known legislative support that made him succeed and today won best Governor of the decade in Nigeria .
The point is that many will lose their seats if …