From Ben Dunno, Warri
Member representing Okpe/Sapele/Uvwie constituency in the House of Representatives under the Labour Party (LP), Benedict Etanabene, has urged his colleagues who recently defected to the ruling All Progressives Congress (APC) to vacate their seats in line with constitutional provisions and guidelines of the Electoral Act.
Speaking on issues concerning the future of the Labour Party, national politics, and governance during a media parley in Warri on Thursday, July 17, 2025, the lawmaker described the continued occupation of seats by senators and representatives who have defected to other parties as gross violations of the constitution they swore to uphold.
While noting that the constitution is clear on the issue of defection to other political parties, with specific conditions and rules that must be followed, Etanabene lamented that his colleagues violated these provisions for their selfish interests to retain their seats at all costs.
According to him, the constitution provides for freedom of association but defines the processes required if one is elected through the provisions of the Electoral Act. While no clear demand is made for those elected to executive positions, it forbids legislators from defecting without meeting specific conditions.
“The provisions of the Electoral Act make it compulsory for any legislator who decamps to vacate the office he or she is elected to occupy unless the party they represent has a crisis preventing it from operating in its registered head office, or where there is no legally recognized officers or leadership of such political party,” Etanabene said.
Etanabene stated that in the absence of these conditions, defecting legislators must vacate their seats, adding that this does not require a court pronouncement or the speaker’s action to declare such seats vacant.
“The recent cross-carpeting of politicians from one party to another has reduced the standard expected of such highly placed individuals in society. It is morally and lawfully not good. Our democracy is in decline,” he said
On the separation of powers, he opined that in Nigeria, once a person is elected president, they immediately begin annexing the functions and powers of other organs of government.
“They desire to collapse all organs of government into one executive-controlled institution. I do not believe that presidents in Nigeria know the full benefit of separation of power. A practical separation of power brings growth to the nation,” he stated.
“Therefore, a usurpation of the functions of the other organs of government retards development and growth,” he added.
“As blacks, we are certainly not psychologically or mentally prepared for this kind of capitalist form of democracy. High time we begin to design the kind of democracy that will work for our peculiarities,” he said.
Speaking further, Etanabene noted that the legislature, as one of the organs of government under the separation of powers theory, is not independent in Nigeria today.
“The president is in charge of the National Assembly, while the state governors are similarly controlling the various state houses of assembly. So, where is the separation of power, which is the recipe for growth in any nation?” he queried.
“Every president and governor wants to have the speaker and leadership of their choice. No wonder Nigerians, without hesitation at any given time, address the Assemblies as Rubber Stamp. This is not good for democracy.
“Even where there are opposition parties, these leaders are still interested in coercing the opposition parties to field cooperating minority leaders.
“This is a serious problem in Nigeria, certainly no separation of powers in governance,” he posited.
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