Senator Patrick Enebeli Osakwe representing Delta North in the Senate yesterday dumped the Accord Party which sponsored him to win the 2007 election and rejoined the Peoples Democratic Party (PDP).

Senate President David Mark read a letter of notification of Senator Osakwe's decamping on the floor of the Senate and consequently changed the Senator's seat from the minority side to the majority side of the chamber.

His action, however, spurred Senator Olorunimbe Mamora (AC, Lagos) to move a Constitutional point of order challenging the cross carpet of Osakwe to PDP.

He said Section 68(1g) of the 1999 Constitution provides that "A member of the Senate or the House of Representatives shall vacate his seat if being a person whose election to the House was sponsored by a political party, he becomes a member of another political party before the expiration of the period for which that House was elected."

"Provided that his membership of the latter political party is not as a result of a division in the political party of which he was previously a member or of a merger of two or more political parties or factions by one of which he was previously sponsored; or..."

Mamora said: "It is not within the understanding of my humble self and not of this Senate that there is a division in Accord Party. Mr. Senate President, to the best of my knowledge I think that when and where there is a division in a party, it will be so stated by INEC that is the body that controls political parties. And so long as INEC has not made such a statement, I think it will be wrong for us to say that there is a division in that party."

In his ruling, Senator Mark said: "You have raised the point of order and I think that the only person who can say whether there is a crisis or not in his party is Senator Osakwe and he has said so. Mamora you know I have real difficulty ruling you out of order, but this is one opportunity and I will not miss it, so I rule you out of order."

Senator Osakwe left the PDP in the run up to the 2007 elections when he failed to secure ticket to run for Senate. Marian Ali, wife of the former National Chairman of the PDP Ahmadu Ali was allegedly imposed as candidate of the party, something which prompted a protest vote. Osakwe was the Senate from 1999 to 2007 representing Delta North on the platform of the PDP.

Explaining his reason for dumping the Accord Party, Senator Osakwe said he is returning to PDP because it is the largest party in the country.