Former Rivers State Senator Magnus Abe has provided legal insight into the ongoing controversy surrounding party defections, drawing from both constitutional provisions and his personal experience in the Senate.
Speaking on TVC TV from 11:42, Abe referenced his legal training while addressing the situation: “The second thing I would like to say, based on the little law that OCJ Okocha taught me, is this: the constitution does provide that if you defect to another party, you can lose your seat,” he explained.
However, the former senator emphasized a crucial procedural requirement: “But the only way you can lose your seat is that the presiding officer must declare your seat vacant.”
Drawing from his own political history, Abe shared a precedent: “I left the PDP on the floor of the Senate; David Mark did not declare my seat vacant, and so I did not lose my seat.”
Applying this principle to the current situation in Rivers State, he stated: “Members of the Rivers State House of Assembly, whether they left their party or did not leave their party, they are welcome to leave. The only person who can declare their seat vacant is the Speaker.”
Concluding his legal analysis, Abe posed a rhetorical question before answering it: “Have you declared anybody’s seat vacant? You have not. That is the position of the law as taught to me by OCJ Okocha.”
This clarification comes at a crucial time in Rivers State politics, with observers noting that Abe’s explanation provides important context to the ongoing debate about the legitimacy of lawmakers’ positions following party switches.