The Kwara State House of Assembly has declared two seats vacant following the defection of two lawmakers from the All Progressives Congress to the Peoples Democratic Party, citing Section 109 of the Nigerian Constitution.

Speaker of the House, Rt. Hon. Ojo Olayiwola, announced the decision on Wednesday, declaring vacant the seats of Saba Yisa Gideon representing Edu State Constituency and Olusola Odetundun representing Irepodun State Constituency. The declaration followed their defection from the APC to the PDP.

Under Section 109(1)(g) of the 1999 Constitution, a lawmaker’s seat becomes vacant if they leave the political party that sponsored their election to join another party, except in cases where the party merges with another or there is a division within the party. Neither exception applies in this instance.

“The constitution is very clear on this matter,” Olayiwola said, according to a statement from the Assembly. “The two members have by their action voluntarily vacated their seats.”

The PDP has rejected the decision. State chairman of the party, Tunde Bamidele, described the declaration as “unconstitutional and a travesty of justice,” arguing that the lawmakers should be allowed to retain their seats and represent their constituents.

“The people elected these individuals to represent them, not the political party,” Bamidele said. “This decision robs the people of Edu and Irepodun of their chosen representatives.”

The defection reduces the APC’s majority in the 24-member House. It also raises questions about the timing of the defections and whether the affected lawmakers intend to return to voters in a byelection under the platform of their new party.

Byelections will be required to fill the vacant seats, with the Independent National Electoral Commission expected to conduct fresh polls within 90 days of the declaration of vacancy.

The question of whether defecting lawmakers should keep their seats or return to voters for a fresh mandate remains a subject of national debate. Political analysts are divided on the issue, with some arguing that the constitution’s provision is clear while others contend that voters elect individuals, not parties.

What do you think? When a lawmaker changes parties, should they keep the seat or return to voters for a fresh mandate?