Di defection of Delta Governor Sheriff Oborevwori to di APC dey raise moral questions
Di defection of Governor Sheriff Oborevwori of Delta State from di Peoples Democratic Party (PDP) to di ruling All Progressives Congress (APC) still dey cause plenty tok.
One issue wey dey for some pipo mind na weda e fit loose im seat becos e comot from di political party wia im bin contest and win di governorship elections, go anoda political party – wey in fact bin contest dat same same election against am.
But Associate Professor of Public Law for Rivers State University, Ritchard Wokocha explain to BBC say im defection no go get any legal implications or even affect im position as govnor as di law no put any tin to stop am.
Wokocha say, “Di law no make any comment on di issue of defection or change of party by an executive officer.
E say, “di law on consequence of change of party and loosing of seat only apply to legislative officers as you go find am under di provision for determining di tenure of legislative officers. So e no affect di President, Vice President, Governor, Deputy Governor and Local Goment Chairmen and dia vice, na only legislative officers e affect.”
PDP fit challenge di defection?
Di Associate Professor of Law say di one wey di PDP wan go court to get back dia mandate wey dem don lose with di defection of di Delta State Governor no go get head as dem no fit take any step wey go affect di Governor.
E say dem fit only take step if na di legislative members wey defect – dat na members of di National Assembly and members of di State House of Assembly.
Oga Wokocha add say if dem defect, according to di law, dem fit get di consequence of losing dia seat – except in di situation wey dia defection happun sake of division in dia party; or serious crises for dia party lead to division; or division in dia party wey lead to a merger of di faction of di party dem belong to with any anoda party.
“No action go affect a defecting govnor. Dat issue dey well settled by di Supreme Court for di case of Atiku Abubakar vs Attorney General of di Federation wen President Obasanjo bin declare im seat vacant for joining di ACN dat time.
So dat issue dey settled.
Di law make no provision wey affect an executive officer wey change im party. So di PDP no go succeed against di [Delta] govnor and im deputy, dem fit only succeed against di legislative seat holders if dem defect.” e tok.
Dis di Law professor say dis na im make Presidents, govnors and Local Goment chairman wey make up di executive arm of goment, get right to move from one party to anoda irrespective of di party wey dem contest and win di election.
Wokocha say di only tin na say e fit raise moral implication as pesin fit say such action na betrayal of di pipo wey elect am especially if na for country wey get an ideology based political party system.
But dis no be di situation for Nigeria as di political party system no dey ideology based.
“Di defection fit dey described as a betrayal of di pipo becos dem vote am sake of say dem prefer di manifesto of dat party and e dey like say e don abandon dat manifesto for di manifesto of odas, and so wen you defect go di oda party, you don betray di pipo by bringing dem under a party wey dem no choose to govern dem.”
Wokocha add say di action also get implication on di kontri democracy as on one hand for di individual level, e no create any serious conflict as e respect di freedom of association by di pesin, as e no loose dat freedom becos e become a governor or an executive officer.
“But on di collective level, e dey destroy democracy wit di way e dey go now, becos democracy recognise opposition, but e be like say as tins dey go now, di kontri don dey turn to a one party State, so dis fit make am a strong moral misconduct wey pipo fit frown against as e for affect di system badly.”
Citizens wey vote fit do sometin against dis defection?
On wetin citizens wey no agree wit di defection of dia govnor wey dem vote to anoda party, Associate Professor Wokocha say becos di defection no mean say di govnor go lose im seat, di citizens no fit do anytin.
Wetin di pipo fit do na for dem to demand make dia representatives for di legislature begin impeachment proceedings to comot di Governor so na more of a political solution, rather dan a legal solution as legally dem no fit do anytin.
“Impeachment sef na political activity, but even impeachment no fit dey on di grounds say di govnor change im party as dat one no be misconduct as e no be a violation of any section of di law.
So e no go be a ground to impeach am. But if di legislative members also follow am defect, then dem no go fit impeach am, so wetin di pipo fit do na to demand a return of dia seat as dia (legislative members) defection mean say dem don vacate and comot from di seat dem vote dem into.
So di pipo gatz to get a strong legal ground but for now, di defection no be legal breach of any provision of di law.” e tok.