A member of the All Progressives Congress in the Ondo State House of Assembly and Chairman, House Committee on Information and Orientation, Mr Gbenga Omole, tells PETER DADA about the recent developments in the Assembly where the seats of two lawmakers were declared vacant following alleged anti-party activities
Why were the seats of two lawmakers declared vacant by the leadership of the House?
The Constitution of the Federal Republic of Nigeria is clear about how a lawmaker can leave their party for another party. Section 109, subsection (g) of the constitution is clear about it and the two lawmakers (Mr Success Torhukerhijo and Mrs Favour Tomomewo) have clearly violated it.
Could you expatiate on how they violated it?
Presently, one of them is a candidate of a party (for the forthcoming general election in 2023) and you cannot be a member of two political parties at the same time, it is not possible. The Section 109 subsection (g) of the Nigerian Constitution, which I referenced, states that ‘A member of a House of Assembly shall vacate his seat in the House if, being a person whose election to the House of Assembly 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’. The Supreme Court has also ruled on this when it said for you to go scot-free, there has to be division in your party, and presently there is no division in the APC in Ondo State. Favour was a member of three political parties because at that time she was in APC. She contested the House of Assembly primary under PDP (Peoples Democratic Party) but she lost. Today, she is the candidate of the ADC (African Democratic Congress) in that same constituency.
Could you share with us the process that led to their sacking?
Their sacking wasn’t an initiative of the House. A letter was written from their wards and local governments. Clearly, they have violated the constitution of the Federal Republic of Nigeria and based on the power vested on the speaker, the House declared their seats vacant. You can’t be blowing hot and cold at the same time. You can’t be a member of two political parties at the same time and you can’t have your cake and eat it. The other member (Success Torhukerhijo) contested the primary in Ilaje Ese-Odo federal constituency under the PDP. Same thing applied to him. A letter was written from his ward to the House of Assembly and we need to do the needful because it is clear what should happen when a lawmaker leaves their political party when there was no division. Today, we don’t have two chairmen in the party and there is no crisis that could warrant a lawmaker who has benefited from the party and won election under the party to now leave the party. It is unconstitutional. If you want to leave the APC for another political party, you can but you can’t hide under the APC and be a candidate of another party in the same election year and you want to remain as a member of the party in the House. It is not done. The constitution is clear about that and there is a Supreme Court judgment on that as well.
But one of them claimed that their name was still on the list of APC members in the Assembly and that their salary was still being deducted?
The deduction for which month? They are trying to be clever. We are in August and their seat was declared vacant in August, so they would receive salary till July. You and I know that August salary hasn’t been paid, so how do they justify that their salary is being deducted? It is obviously a tissue of lies.
Sometime ago, there were reports that the two members were expelled by the party, why didn’t the House act then?
This thing is a process. If you are being expelled by a party at the local level and the state level doesn’t know about it, we wouldn’t act on that. Nobody wrote us a letter until the one we received and acted upon. They might have been expelled at the unit or ward level but we weren’t aware. This time round, a letter was from their ward, local government and the state level.
What is the reaction of the House to the allegation that the action taken by the Assembly was a witch-hunt because of their support for a former deputy governor of the state?
Somebody who is in PDP talking about what happened last year, does it add up? You were in APC and you went to contest under PDP and you are now saying it is a witch-hunt, does that add up?
Is there any way forward on this matter?
They are adults and they have already made their decisions. They are lawmakers and so in the first instance, they are supposed to be honourable. What is the way forward when you are already a member of another party? Can you be a member of two political parties at the same time? Did they deny contesting under another political party? As a matter of fact, those parties they went to had first hinted our party (APC) of it. So, we have already taken the decision.
What is the relationship among other members of the Assembly?
Ondo State House of Assembly consists of members from different political parties and we relate very well. We do our work and there is no issue at present but when you do anything contrary to the constitution, you should expect the consequences.
