Declare Abaribe’s Seat Vacant, Abia APGA Tells Senate
The Abia State chapter of the All Progressives Grand Alliance (APGA) has formally called on the Nigerian Senate to declare the Senate seat representing Abia South Senatorial District vacant, following the resignation of Senator Enyinnaya Abaribe from the party. The party insists that Abaribe’s departure violates the Nigerian Constitution and that he can no longer legitimately occupy the seat .
The development has added a fresh layer of political drama to the National Assembly, pitting the party’s leadership against one of the longest-serving lawmakers in the country’s history. Senator Abaribe, who has represented Abia South since 2003, was first elected under the All Progressives Party (APP), then the Peoples Democratic Party (PDP), before joining APGA in 2022. His latest defection—or expulsion, depending on who is speaking—has triggered a constitutional showdown .
📜 Background: How We Got Here
Senator Abaribe’s relationship with APGA soured earlier this year amid internal disagreements over the leadership of the party in Abia State. According to sources close to the senator, he was expelled by the state chapter of APGA after what the party described as “anti-party activities” and “disloyalty to the party’s principles” .
However, Senator Abaribe himself maintains that he resigned voluntarily, citing irreconcilable differences with the party leadership. In a statement released through his media office, he said: “I have paid my dues in APGA and contributed immensely to its growth. But when the party no longer reflects the ideals for which it was formed, it becomes difficult to continue.”
He has since been linked with a possible return to the Peoples Democratic Party (PDP) or even a move to the ruling All Progressives Congress (APC), though no official announcement has been made .
🗣️ APGA’s Position: “The Seat Must Be Declared Vacant”
In a letter addressed to the Senate President, the Abia State APGA chairman, Chief Ikenna Okafor, argued that Senator Abaribe’s actions amount to a clear violation of Section 68(1)(g) of the 1999 Constitution of the Federal Republic of Nigeria (as amended). The section states that a member of the Senate or House of Representatives shall vacate his seat if:
“Being a person whose election to the House was sponsored by a political party, he becomes a member of another political party before the expiration of the period for which that House was elected, unless his previous political party merges with another or unless there is a division within the party which leads to the formation of a new political party.”
According to APGA, Senator Abaribe’s departure does not fall under any of the constitutional exceptions. The party insists that there was no merger or division that led to the formation of a new party; thus, he is constitutionally required to vacate his seat immediately .
Chief Okafor also dismissed the senator’s claim of expulsion, stating: “Whether he resigned or was expelled, the effect is the same—he is no longer a member of APGA. The law is clear: a senator who ceases to be a member of the party that sponsored his election must vacate his seat. We call on the Senate to uphold the constitution.”
🗨️ Abaribe Fires Back: “I Was Expelled, I Did Not Defect”
In a swift response, Senator Abaribe’s legal team argued that the senator was expelled by APGA, and therefore he did not voluntarily defect. His counsel, Mr. Emeka Nwosu (SAN), stated: “The Supreme Court has held in several decisions that where a member is expelled by his party, he does not lose his seat. The constitutional provision that triggers a vacancy applies only to voluntary defection.”
The legal team cited the landmark Supreme Court decision in Attorney-General of the Federation v. Abubakar (2007) and other subsequent rulings where the court affirmed that a legislator expelled by his party cannot be compelled to vacate his seat, as the removal is an act of the party, not the legislator .
Senator Abaribe himself added in a press briefing: “I have not left APGA; APGA pushed me out. The constitution protects me, and I will remain in the Senate to serve my people. Any attempt to declare my seat vacant will be challenged in court.”
⚖️ The Legal Battleground: Expulsion vs. Defection
At the heart of the dispute is a nuanced legal distinction. Nigerian jurisprudence draws a sharp line between voluntary defection (which triggers loss of seat) and expulsion (which does not). In the 2018 case of Onyeagocha v. APC & Ors, the Court of Appeal reaffirmed that a legislator who is expelled by his party does not lose his seat because the party cannot benefit from its own wrongdoing.
However, APGA argues that Abaribe’s conduct before his expulsion—such as publicly endorsing candidates of other parties and criticizing APGA leadership—amounted to voluntary defection in substance, even if dressed as expulsion. The party may attempt to prove that the senator had already abandoned the party before the expulsion process was initiated.
Ultimately, if the Senate declares the seat vacant, Senator Abaribe is almost certain to head to court, and the final decision could rest with the judiciary—a scenario that may take months or even years to resolve.
🏛️ Reactions from the Red Chamber
Within the Senate, opinions are divided. Some senators, particularly from opposition parties, have expressed support for Abaribe, arguing that the expulsion by APGA should not be used to punish him. Others, especially those aligned with the party’s leadership, have called on the Senate leadership to act swiftly in line with the constitution.
Senate spokesperson, Senator Yemi Adaramodu (APC, Ekiti South), told reporters: “The Senate is an institution that respects the rule of law. We have received the letter from APGA and it will be referred to the Committee on Ethics, Privileges and Public Petitions for due consideration. We will not be rushed into any action.”
Senator Abaribe’s colleagues from the South East caucus have largely remained silent, though one senator who spoke on condition of anonymity said: “We hope wisdom prevails. Enyinnaya is a ranking senator and a respected voice. We don’t want to lose that voice over party squabbles.”
🌍 Political Implications: What’s at Stake
If the Senate declares the seat vacant, it would trigger a by-election in Abia South Senatorial District. APGA would likely field a candidate to reclaim the seat, while the PDP and APC would also contest. Given Abia’s political dynamics, a by‑election would be fiercely contested and could shift the balance of power in the Senate.
More broadly, the case will be closely watched by legislators across the country who have experienced similar party conflicts. A ruling in favour of Abaribe would strengthen the hand of lawmakers who claim expulsion does not lead to loss of seat, while a contrary decision would give parties more leverage to discipline defecting members.
For Senator Abaribe, who has been in the Senate since 2003, the outcome could determine whether he finishes his current term or faces an early exit from the legislature.
📅 Timeline of Key Events
- February 2026: Rumors of friction between Senator Abaribe and Abia APGA leadership surface.
- March 5, 2026: Abia APGA executive committee meets and reportedly suspends Abaribe for anti‑party activities.
- March 10, 2026: Senator Abaribe issues a statement announcing his resignation from APGA, citing irreconcilable differences.
- March 12, 2026: Abia APGA sends a letter to the Senate President, formally requesting that Abaribe’s seat be declared vacant.
- March 18, 2026: Senate acknowledges receipt of the letter; refers it to the Ethics Committee.
- March 20, 2026: Senator Abaribe’s legal team counters that he was expelled, not a defector, and that his seat is constitutionally secure.
🔮 What Comes Next
The Senate Committee on Ethics, Privileges and Public Petitions is expected to deliberate on the matter and submit a report to the plenary. The committee may invite both parties to present their arguments before making a recommendation. A decision by the Senate to declare the seat vacant would require a simple majority vote.
Given the legal complexities, many analysts predict that whichever way the Senate rules, the matter will ultimately be settled by the courts. Senator Abaribe has already indicated he would challenge any adverse decision, and APGA has equally vowed to pursue all legal means to enforce what it calls “the clear provisions of the constitution.”
📝 Conclusion: A Constitutional Test Case
The clash between Senator Abaribe and Abia APGA is more than a party squabble; it is a test of the constitutional boundaries of legislative tenure. The outcome will have lasting implications for party discipline, the rights of lawmakers, and the stability of elected offices in Nigeria.
As the Senate Ethics Committee begins its work, all eyes are on the National Assembly to see whether lawmakers will prioritize party loyalty or the constitutional protections enjoyed by individual members. For Senator Abaribe, a veteran of Nigerian politics, this may be one of the fiercest battles of his long career.
hotgist9ja.com will continue to follow this story and bring you updates as they unfold.