The Labour Party is threatening legal action against lawmakers who defected to the APC, aiming to have their seats declared vacant and regain their mandates through legal proceedings.

The Labour Party (LP) on Thursday expressed discontent over the defection of four of its members at the House of Representatives to the All Progressives Congress (APC).

Already, the party has instructed its lawyers to move against the defectors by making them lose their seats “and to also commence the process of regaining our mandates in line with the 1999 constitution and 2022 Electoral Act as amended”.

Hon. Tajudeen Abbas, Speaker of the House, announced that the lawmakers—Hon. Chinedu Okere, Hon. Mathew Donatus, Hon. Akiba Bassey, and Hon. Esosa Iyawe—had crossed over to the ruling party, citing an “internal crisis” within the LP.

Section 68( g) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) states that: “Being a person whose election to the House of Assembly was sponsored by a political party, he becomes a member of any other political party before the expiration of the period for which that House was elected: Provided that his membership of the latter political party is not as a result of a division in the political party of which he was previously a member or of a merger of two or more political parties or factions by one of which he was previously sponsored;”

Reacting to the development in a statement, Pastor Obiora Ifoh, LP’s spokesperson, threatened that the party would take legal action against the lawmakers.

He said the party condemned their actions as “inconsistent with democratic norms” and in violation of Nigeria’s Constitution, particularly Section 68(g), which regulates defections by elected representatives.

The LP noted that the lawmakers’ defections could only be legally justified in the event of a division within the party or a merger.

The party also called on the Speaker to declare their seats vacant, arguing that their continued tenure was “illegal”.

According to him: “The defection, to us, is quite unfortunate and we condemn the action which is irrational, untenable, inconsistent and alien to all known norms for which democracy stands.”

“Section 68(g) of the 1999 constitution is emphatic on when to defect and what happens when a lawmaker sponsored by a political party decides to jump ship.

Pastor Obiora said: “Though the Labour Party leadership is undaunted by the defection, it has however, elected not to allow it slide and has therefore instructed its legal team to commence the legal actions against the defectors.

“The party will also approach the Speaker of the House of Representatives to declare vacant the seats occupied by these former Labour Party members in line with the House Rules.

“It is inappropriate and unacceptable for these lawmakers to continue to function as representatives of their constituencies illegally.

“The party has also decided to open a ‘Hall of Shame’ register for these lawmakers or any lawmaker or elected officer of the party who engages in fraudulent acts of defection without first dropping the mandate gotten under the ticket of the party.

“The defected lawmakers will feature prominently in the register”, Pastor Obiora said.

The Labour Party is currently challenging the defection of of the 27 members of the Rivers State House of Assembly who allegedly defected from their Peoples Democratic Party (PDP) to the All Progressives Congress (APC) urging that the seats be declared vacant.

A Federal High Court sitting in Port Harcourt, Rivers State, has, however, adjourned till January 21, 2025, to rule on applications in a suit filed by the Labour Party (LP), against the defectors, and the APC.

In the suit marked FHC/PH/25/2024, the Labour Party is also seeking the court to determine whether the alleged defection of the 27 lawmakers was proper.

The suit is further seeking that the Independent National Electoral Commission (INEC) should conduct a by-election to fill in the alleged vacant seats of the State House of Assembly, where the Labour Party and other interested parties can participate.

The Court of Appeal’s special panel is currently looking into a case on the alleged defection of 27 lawmakers from the Peoples Democratic Party (PDP) to the APC.