Kwara Assembly Declares Seats of Two Defected Lawmakers Vacant

The Kwara State House of Assembly has declared the seats of two lawmakers, Saaba Gideon and Olusola Odetundun, vacant following their defection from the All Progressives Congress (APC) to the Peoples Democratic Party (PDP).

 

Gideon represents Edu State Constituency, while Odetundun represents Irepodun State Constituency.

 

The decision was taken during plenary on Tuesday following a letter from the Kwara State APC Chairman, Sunday Fagbemi, urging the Assembly to invoke Section 109(1)(g) of the 1999 Constitution against the lawmakers.

 

Fagbemi argued that the lawmakers were elected on the APC platform and could not retain their seats after defecting to the PDP, noting that their defection did not fall under the constitutional exceptions that allow legislators to change political parties without losing their seats.

 

Opening the debate, the Leader of the House, Oba Mogaji, said the Assembly was dealing with a constitutional matter and was required to enforce the relevant provisions of the law.

 

He maintained that Section 109(1)(g) prohibits a member of a legislative house from belonging to another political party apart from the one that sponsored the member, except under circumstances provided by the Constitution.

 

Mogaji said the two lawmakers had defected to the PDP and were seeking re-election on the platform of the opposition party, which he said contravened the Constitution.

 

The motion was supported by other lawmakers, including Abolarin Gabriel, representing Ekiti Constituency; Ganiyu Folabi, representing Omupo Constituency; and Adato Oguniyi, representing Ojomu/Balogun Constituency.

 

Following the debate, the Speaker, Yakubu Danladi-Salihu, declared the two seats vacant in line with the resolution of the House.

 

However, the Kwara State chapter of the PDP rejected the decision, describing it as a politically motivated attempt to punish the lawmakers for defecting from the APC.

 

In a statement by its Publicity Secretary, Olusegun Adewara, the party questioned the procedure adopted by the Assembly, particularly the fact that the process was initiated by a letter from the APC state chairman.

 

The PDP argued that the constitutional provision should be applied strictly and challenged the Assembly to make public the evidence before it and demonstrate that the requirements of Section 109(2) of the Constitution were fulfilled before declaring the seats vacant.

 

The party also faulted the Assembly for relying on the APC chairman’s letter, arguing that a constitutional matter should not be reduced to a political declaration by the party from which the lawmakers defected.

 

The PDP urged the APC to face the electorate rather than use the legislature to remove lawmakers who had chosen to join the opposition party.

 

It called on Governor AbdulRahman AbdulRazaq and the Speaker to ensure that the Assembly remained an institution of the people and not a political enforcement arm of the APC.

 

The party further vowed to pursue every lawful and constitutional means, including judicial action, to protect the rights of Odetundun, Saba and their constituents.

 

The two lawmakers announced their resignation from the APC last week amid ongoing political realignments in Kwara ahead of the 2027 elections.

 

Gideon cited concerns over internal democracy, fairness and inclusiveness in the APC, while Odetundun said his decision followed consultations with constituents and political stakeholders.

 

Gideon’s defection also followed an earlier dispute with the Assembly leadership over his three-month suspension, which was later overturned by a Kwara State High Court that declared the suspension unconstitutional.

 

Their defections came shortly after Senator Saliu Mustapha, representing Kwara Central, also left the APC for the PDP and was subsequently unveiled as the opposition party’s 2027 senatorial candidate.