Gideon represents Edu State Constituency, while Odetundun represents Irepodun State Constituency.
The decision was taken during plenary on Tuesday after the state APC Chairman, Sunday Fagbemi, wrote to the Assembly, asking it to invoke Section 109(1)(g) of the 1999 Constitution against the two lawmakers.
Fagbemi argued that Gideon and Odetundun were elected on the platform of the APC and could not retain their seats after defecting to the PDP.
He maintained that their defection did not fall within the constitutional exceptions that allow an elected legislator to change political parties without losing his seat, adding that there was no division within the APC to justify their action.
“Since the two members were elected under the APC and there is no division within the party, they have no constitutional right to abandon the party for another,” Fagbemi said in the letter.
Leading the debate on the matter, the Leader of the House, Oba Mogaji, said the Assembly was dealing with a constitutional issue and was required to enforce the relevant provisions of the law.
Mogaji said Section 109(1)(g) was clear on the circumstances under which a member of a legislative house could defect from the political party on whose platform he was elected.
He said, “A member shall not belong to another political party than the one that sponsored him to the House, as long as his tenure has not expired.”
The House Leader noted that the two lawmakers had defected to the PDP and were also seeking to contest the 2027 elections on the platform of the opposition party.
“They have left the APC for the PDP and are seeking reelection for their seats in the opposition party. This contravenes the Constitution,” Mogaji said.
He consequently backed the APC chairman’s request for the seats to be declared vacant.
The motion received the support of other lawmakers, including Abolarin Gabriel, representing Ekiti Constituency; Ganiyu Folabi, representing Omupo Constituency; and Adato Oguniyi, representing Ojomu/Balogun Constituency.
Following the debate, Speaker Yakubu Danladi-Salihu declared the two seats vacant in line with the resolution of the House.
However, the Kwara State chapter of the PDP rejected the decision, describing it as a politically motivated attempt to punish the lawmakers for exercising their constitutional and political rights.
In a statement by its state Publicity Secretary, Olusegun Adewara, the party questioned the procedure adopted by the Assembly, particularly the fact that the process was initiated by a letter from the APC state chairman.
“It was particularly disturbing that the process was initiated on the strength of a letter from the APC State Chairman, Prince Sunday Fagbemi, who is not a constituent from the affected constituencies, effectively turning the State House of Assembly into an extension of the APC’s internal disciplinary machinery,” the PDP said.
The PDP also challenged the Assembly to make public the evidence presented before it and demonstrate that the requirements of Section 109(2) of the Constitution were complied with before the seats were declared vacant.
While acknowledging the provisions of Section 109(1)(g), the opposition party argued that the constitutional provision must be applied strictly and not selectively.
“The Constitution itself recognises circumstances relating to division within a political party, while Section 109(2) requires evidence satisfactory to the House before the Speaker gives effect to the provision,” the party said.
It called for an immediate reversal of the decision, saying the courts should determine the constitutional implications of the lawmakers’ defection where necessary.
“The PDP will not accept any attempt to use the legislature to intimidate or politically persecute its members and will deploy every lawful and constitutional means available, including judicial action, to protect the rights of Odetundun, Saba and the constituents they represent,” Adewara said.
The affected lawmakers announced their exit from the APC last week amid political realignments in Kwara ahead of the 2027 elections.
Gideon, in his resignation letter, cited concerns about internal democracy, fairness and inclusiveness in the ruling party, while Odetundun said his decision followed consultations with constituents and political stakeholders.
The defections also followed the recent political realignment involving the senator representing Kwara Central, Saliu Mustapha, who reportedly left the APC for the PDP and was subsequently unveiled as the opposition party’s 2027 senatorial candidate.
The Kwara State House of Assembly has declared the seats of two lawmakers, Saaba Gideon and Olusola Odetundun, vacant following their defection from the All Progressives Congress to the Peoples Democratic Party.
Gideon represents Edu State Constituency, while Odetundun represents Irepodun State Constituency.
The decision was taken during plenary on Tuesday after the state APC Chairman, Sunday Fagbemi, wrote to the Assembly, asking it to invoke Section 109(1)(g) of the 1999 Constitution against the two lawmakers.
Fagbemi argued that Gideon and Odetundun were elected on the platform of the APC and could not retain their seats after defecting to the PDP.
He maintained that their defection did not fall within the constitutional exceptions that allow an elected legislator to change political parties without losing his seat, adding that there was no division within the APC to justify their action.
“Since the two members were elected under the APC and there is no division within the party, they have no constitutional right to abandon the party for another,” Fagbemi said in the letter.
Leading the debate on the matter, the Leader of the House, Oba Mogaji, said the Assembly was dealing with a constitutional issue and was required to enforce the relevant provisions of the law.
Mogaji said Section 109(1)(g) was clear on the circumstances under which a member of a legislative house could defect from the political party on whose platform he was elected.
He said, “A member shall not belong to another political party than the one that sponsored him to the House, as long as his tenure has not expired.”
The House Leader noted that the two lawmakers had defected to the PDP and were also seeking to contest the 2027 elections on the platform of the opposition party.
“They have left the APC for the PDP and are seeking reelection for their seats in the opposition party. This contravenes the Constitution,” Mogaji said.
He consequently backed the APC chairman’s request for the seats to be declared vacant.
The motion received the support of other lawmakers, including Abolarin Gabriel, representing Ekiti Constituency; Ganiyu Folabi, representing Omupo Constituency; and Adato Oguniyi, representing Ojomu/Balogun Constituency.
Following the debate, Speaker Yakubu Danladi-Salihu declared the two seats vacant in line with the resolution of the House.
However, the Kwara State chapter of the PDP rejected the decision, describing it as a politically motivated attempt to punish the lawmakers for exercising their constitutional and political rights.
In a statement by its state Publicity Secretary, Olusegun Adewara, the party questioned the procedure adopted by the Assembly, particularly the fact that the process was initiated by a letter from the APC state chairman.
“It was particularly disturbing that the process was initiated on the strength of a letter from the APC State Chairman, Prince Sunday Fagbemi, who is not a constituent from the affected constituencies, effectively turning the State House of Assembly into an extension of the APC’s internal disciplinary machinery,” the PDP said.
The PDP also challenged the Assembly to make public the evidence presented before it and demonstrate that the requirements of Section 109(2) of the Constitution were complied with before the seats were declared vacant.
While acknowledging the provisions of Section 109(1)(g), the opposition party argued that the constitutional provision must be applied strictly and not selectively.
“The Constitution itself recognises circumstances relating to division within a political party, while Section 109(2) requires evidence satisfactory to the House before the Speaker gives effect to the provision,” the party said.
It called for an immediate reversal of the decision, saying the courts should determine the constitutional implications of the lawmakers’ defection where necessary.
“The PDP will not accept any attempt to use the legislature to intimidate or politically persecute its members and will deploy every lawful and constitutional means available, including judicial action, to protect the rights of Odetundun, Saba and the constituents they represent,” Adewara said.
The affected lawmakers announced their exit from the APC last week amid political realignments in Kwara ahead of the 2027 elections.
Gideon, in his resignation letter, cited concerns about internal democracy, fairness and inclusiveness in the ruling party, while Odetundun said his decision followed consultations with constituents and political stakeholders.
The defections also followed the recent political realignment involving the senator representing Kwara Central, Saliu Mustapha, who reportedly left the APC for the PDP and was subsequently unveiled as the opposition party’s 2027 senatorial candidate.
