"We have also instructed the national legal adviser to recover our mandate that they have taken away. The fortune of this party cannot just be left in the hands of our adversaries."
The Peoples Democratic Party (PDP) has demanded that Delta State Governor, Sheriff Oborevwori, vacate his seat following his defection to the All Progressives Congress (APC).
Acting National Chairman of the PDP, Umar Damagun, made the demand on Tuesday, when addressing journalists after a closed-door NWC meeting at the party's national secretariat in Abuja.
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Mr Damagum said the party has instructed its national legal adviser to initiate proceedings to recover what it describes as the party's stolen mandate in line with the Electoral Act.
"We have also instructed the national legal adviser to recover our mandate that they have taken away. The fortune of this party cannot just be left in the hands of our adversaries. So, we will take legal action to retrieve those mandates in line with the Electoral Act that says whenever you leave you must leave the chair that you have occupied. So, we are still going to do that," he said.
What Nigerian constitution says
Contrary to PDP's position, the Nigerian constitution does not require governors or their deputies to vacate office upon defection.
Legal experts and past court rulings affirm that only legislators, specifically members of the National Assembly and State Houses of Assembly are compelled to vacate their seats upon defection, except in cases of internal party crisis.
Sections 68(1)(g) and 109(1)(g) of the constitution govern such provisions, but they do not extend to presidents, vice presidents or governors and deputy governors.
This legal stance was reaffirmed in the Supreme Court ruling in Atiku Abubakar v. Attorney-General of the Federation (2007), which upheld the right of elected executive office hoolders to defect without losing their positions.
Call for party unity and upcoming convention
Mr Damagum also insisted that the NWC is united and functional.
"I also want to warn that party faithful should be faithful to the party as you can see we have an NWC that is devoid of any crisis. The party is intact and it will continue to live," he added.
The acting national chairman announced that the party will soon organise its national convention to elect a new set of national executives.
"We will soon have a convention to usher in a new executive. So, I want to say here unequivocally that PDP is one and it will continue to be one indivisible party," he said.
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2027 general elections
Mr Damagum also emphasised that the party leadership will not be intimidated by alleged mischief of the ruling APC.
"No amount of intimidation or mischief can bring down this party. It has survived all sorts of machinations in the past and this one is just a child's play.
"We've already crossed the line, we're looking forward to 2027 where the country will speak based on the existing hardship that has been deliberately imposed on people. So, I want to thank you," he said.
