Open Letter to Chief Godswill Obot Akpabio, President of the Senate, and Tajudeen Abbas, Speaker of the House of Representatives

Dear Distinguished Senator Godswill Akpabio and Rt. Honorable Tajudeen Abbas,

As custodians of Nigeria’s legislative integrity, you bear a solemn duty to uphold the rule of law and protect the democratic principles enshrined in the 1999 Constitution of the Federal Republic of Nigeria (as amended). Recent events have placed your leadership at a crossroads, compelling you to confront a pressing constitutional matter that strikes at the heart of our democracy.

Governor Monday Okpebholo and Deputy Governor Dennis Idahosa of Edo State, having assumed executive positions, are constitutionally required to vacate their seats in the National Assembly. Yet weeks after their inauguration on November 12, 2024, they remain in office as members of the Senate and House of Representatives, respectively. This clear breach of the Constitution cannot be allowed to persist without consequence.

1. The Constitutional Breach
Section 68(1)(d) of the 1999 Constitution is unequivocal:

"A member of the Senate or the House of Representatives shall vacate his seat in the House of which he is a member if he becomes President, Vice-President, Governor, Deputy Governor, or a Minister of the Government of the Federation or a Commissioner of the Government of a State."

This provision exists to prevent conflicts of interest and ensure that no individual simultaneously holds executive and legislative powers. Governor Okpebholo and Deputy Governor Idahosa’s continued tenure in the National Assembly is a violation of this fundamental constitutional safeguard.

1. Your Duty of Leadership
Section 68(2) further entrusts you, as President of the Senate and Speaker of the House, with the responsibility to declare these seats vacant:

"The President of the Senate or the Speaker of the House of Representatives shall give effect to the provisions of subsection (1) of this section once evidence satisfactory to the House concerned is presented."

Your role is clear. It is not a matter of discretion but a constitutional obligation. To fail in this duty is to undermine the very document you swore to uphold.

3. Democratic Integrity at Stake
By remaining in their legislative seats, Governor Okpebholo and Deputy Governor Idahosa deny their constituencies adequate representation and violate the democratic principles of accountability and the rule of law. Their refusal to vacate office threatens the legitimacy of the legislative process and erodes public trust in the National Assembly’s commitment to the rule of law.

This continued breach constitutes more than a legal violation; it represents a threat to the democratic fabric of our nation. Democracy in Nigeria is fragile, and its strength depends on the commitment of leaders like you to uphold its tenets.

4. Call for Bye-Elections
To restore integrity and ensure representation, the Independent National Electoral Commission (INEC) must be empowered to conduct bye-elections for the now-vacant seats. Prompt action will reaffirm Nigeria’s commitment to constitutional governance and ensure that the National Assembly continues to function as a legitimate body representing the will of the people.

5. A Moment of Leadership
Chief Akpabio and Honorable Abbas, your response to this constitutional crisis will define your leadership. Will you stand with the Constitution and the people of Nigeria, or will you allow the rule of law to be compromised?

The world is watching. Nigeria’s status as Africa’s largest democracy places it under global scrutiny. History will remember the actions you take now. Declare these seats vacant. Allow INEC to organize bye-elections for the good people of Esan Central Constituency and Ovia Federal Constituency respectively. Send a clear message that in Nigeria, no one is above the law, and the Constitution is the ultimate authority.

Uphold the rule of law. Protect Nigeria’s democracy. The time to act is now. This is a clarion call.

Fellow Compatriot
Clifford Ogbeide
Public Policy Analyst
Lake District, Alberta, Canada