Upholding Constitutional Integrity—A Call to Senate President Akpabio and Speaker Abbas

In every thriving democracy, the Constitution stands as the supreme law, providing the framework for governance, accountability, and the protection of citizens' rights. Nigeria’s 1999 Constitution (as amended) is clear in its mandate: public officeholders must abide by its provisions to maintain the sanctity of our democratic institutions. Today, Chief Godswill Obot Akpabio, President of the Senate, and Tajudeen Abbas, Speaker of the House of Representatives, face a critical test of leadership and fidelity to the rule of law.

Governor Monday Okpebholo and Deputy Governor Dennis Idahosa of Edo State must vacate their seats in the National Assembly as required by Section 68(1)(d) of the Constitution. Their failure to resign is not only a constitutional breach but also a direct affront to Nigeria’s democratic values. It is a test of our leaders’ commitment to constitutional governance, the rule of law, and the principles of justice.

Key Points of the Argument
Constitutional Breach

1. Section 68(1)(d) explicitly mandates that any member of the National Assembly who assumes an executive office—whether as Governor, Deputy Governor, Minister, or Commissioner—must vacate their legislative seat. This provision leaves no room for ambiguity. The Constitution's framers intended to ensure that individuals do not simultaneously hold legislative and executive positions, a safeguard against conflicts of interest and the consolidation of power. Okpebholo and Idahosa’s continued tenure in the Senate and House of Representatives is a clear violation of this constitutional mandate.

Duty of Leadership

2. Section 68(2) places the responsibility on the President of the Senate and the Speaker of the House to declare such seats vacant upon satisfactory evidence of an executive appointment. This duty is not discretionary; it is a constitutional obligation. Chief Akpabio and Speaker Abbas must rise to the occasion and demonstrate that no one is above the law, not even governors or deputies. Their inaction thus far undermines their credibility as custodians of Nigeria’s legislative integrity.

3. Democratic Integrity
Democracy thrives on accountability, representation, and the rule of law. By failing to resign, Okpebholo and Idahosa are denying their constituencies the representation they deserve, undermining the very principles upon which the National Assembly stands. Their actions constitute not just a legal violation but an assault on Nigeria’s democratic fabric. This illegality and lawlessness threaten the legitimacy of the democratic process, eroding public trust in the institutions meant to serve them.

4. Call for Bye-Elections
The Independent National Electoral Commission (INEC) must act swiftly to conduct bye-elections for the vacant seats to ensure that these constituencies regain their representation in the National Assembly. Such elections are essential for restoring the legitimacy and functionality of the legislative body. The prolonged occupation of these seats by individuals no longer eligible to hold them sets a dangerous precedent and must be corrected without further delay.

5. A Broader Implication for Democracy
This issue transcends the immediate case of Edo State. It is about upholding the Constitution as the ultimate arbiter in governance. If allowed to persist, this breach risks normalizing a culture of impunity where elected officials believe they can disregard the law with no consequences. Nigeria’s democracy, though resilient, is not immune to erosion. It is strengthened or weakened by the choices of its leaders.

The inaction of the Senate President and the Speaker of the House is more than an oversight; it is a missed opportunity to reinforce the supremacy of the Constitution. By allowing these governors to retain their legislative seats, the National Assembly risks becoming complicit in a blatant disregard for the law.

6. The World Is Watching
Nigeria's stature as Africa’s largest democracy places it under global scrutiny. The world is watching how its leaders handle this constitutional crisis. Will they uphold the principles of accountability, justice, and the rule of law, or will they succumb to political expediency?

Chief Akpabio and Speaker Abbas, the path forward is clear: declare these seats vacant and allow INEC to conduct bye-elections for the good people of Esan Central Constituency and Ovia Federal Constituency respectively. Uphold the Constitution and affirm Nigeria’s commitment to democratic governance. Failure to do so would tarnish the legacy of your leadership and erode the public’s faith in our democratic institutions.

History will remember the choices made today. Will you choose to stand with the Constitution and the people of Nigeria, or will you allow the rule of law to falter under your watch? The nation demands action. Democracy demands action. The world demands action. This is a clarion call.

The time to act is now.
Fellow Compatriot
Clifford Ogbeide
Public Policy Analyst
Lake District, Alberta, Canada