Kwara Assembly Suspends Two Members Over Party Change

The Kwara State House of Assembly has declared the seats of two of its members, Saaba Issa Gideon and Olusola Odetundun, vacant. This follows their switch from the All Progressives Congress (APC) to the Peoples Democratic Party (PDP).

Gideon and Odetundun represent Edu and Irepodun State constituencies, respectively.

The Assembly made this decision during a session on Tuesday. This came after the state APC Chairman, Sunday Fagbemi, wrote to the Assembly. He asked it to invoke Section 109(1)(g) of the 1999 Constitution against the lawmakers who defected.

In the letter to the Speaker, Yakubu Danladi-Salihu, Fagbemi argued that Gideon and Odetundun were elected on the APC platform. He said they could not keep their seats after leaving the party for the PDP.

Fagbemi stressed that their defection did not meet the constitutional exceptions allowing a lawmaker to change parties without losing their seat. He added that there was no division in the APC that would support their decision to leave.

“Since the two members were elected under the APC and there is no division within the party, they have no constitutional right to abandon the party for another,” Fagbemi stated in his letter.

Opening the discussion on this issue, the Leader of the House, Oba Mogaji, said the Assembly was addressing a constitutional matter. He said they needed to enforce the relevant part of the law.

Mogaji added that Section 109(1)(g) clearly states the conditions under which a member of a legislative house can leave the party that sponsored them. He said, “A member shall not belong to another political party than the one that sponsored him to the House, as long as his tenure has not expired.”

He pointed out that both lawmakers had joined the PDP and were also planning to contest the 2027 elections with the opposition party. “They have left the APC for the PDP and are seeking reelection for their seats in the opposition party. This goes against the Constitution,” Mogaji said.

He supported the APC chairman’s request to declare the seats vacant. Other lawmakers supported the motion, including Abolarin Gabriel from Ekiti Constituency, Ganiyu Folabi from Omupo Constituency, and Adato Oguniyi from Ojomu/Balogun Constituency.

After the debate, the Speaker declared the two seats vacant. He said this was in line with the House's resolution.

However, the Kwara State PDP rejected the declaration. They called it a politically motivated action against the lawmakers for exercising their rights.

The party, through its State Publicity Secretary, Olusegun Adewara, questioned how the Assembly handled the situation. They were particularly troubled that the process began with a letter from the APC state chairman.

“It is concerning that the process started based on a letter from the APC State Chairman, Prince Sunday Fagbemi, who is not from the affected constituencies. This makes the State House of Assembly seem like an extension of the APC’s internal discipline,” the PDP said.

The opposition party challenged the Assembly to show the evidence it had and prove that Section 109(2) of the 1999 Constitution was followed before declaring the seats vacant.

While acknowledging Section 109(1)(g), the PDP said this constitutional part should be applied fairly, not selectively. “The Constitution recognizes situations of division within a party, while Section 109(2) needs proof satisfactory to the House before the Speaker acts on it,” the party added.

The PDP also criticized the Assembly for relying on the APC chairman’s letter. They argued that such a constitutional matter should not be simplified to a political statement from the party the lawmakers left.

The party said the APC should focus on winning the people over rather than using the legislature to remove lawmakers who chose to join the PDP. “If the APC believes in its popularity, it should face the electorate instead of trying to remove its former members through parliamentary tricks,” they stated.

The PDP urged Governor AbdulRahman AbdulRazaq and the Speaker to ensure the Assembly serves the people, not just the APC. They specifically called on the Speaker, who is also the APC governorship candidate, to keep his party interests separate from his duties as Speaker.

The opposition party demanded a quick reversal of the decision. They said the courts should decide on the constitutional impact of the lawmakers' defection if needed. “The PDP will not accept any use of the legislature to intimidate or politically persecute its members. We will use every lawful means, including legal action, to protect the rights of Hon. Odetundun, Hon. Saba, and their constituents,” Adewara said.

The two lawmakers announced their exit from the APC in late August amid political changes in Kwara ahead of the 2027 elections. Gideon, in his resignation letter to the APC chairman in his ward, pointed to issues of internal democracy and fairness in the ruling party.

Odetundun said his decision followed discussions with his constituents and political stakeholders. He felt it was necessary to align his political direction with the interests of his people.

Gideon’s exit also followed a dispute with the Assembly's leadership, which had suspended him for three months for alleged contempt. A Kwara State High Court later overturned this suspension, declaring it unconstitutional.

The lawmakers' defection came after a political shift involving the senator representing Kwara Central, Saliu Mustapha, who also left the APC for the PDP and was later named as the opposition party’s 2027 senatorial candidate.