Former National Legal Adviser of the Peoples Democratic Party (PDP), Jacob Mark, has stated that Bayelsa State Governor Douye Diri ought to vacate his governorship seat for his non-membership of any political party.
Mark’s comments come amid growing debate over Bayelsa State Governor Douye Diri’s reported non-membership of any political party following his resignation from the PDP. The development has triggered questions about accountability and the strength of Nigeria’s political system.
While speaking in an interview with ARISE NEWS on Tuesday Mark said, “Without the PDP, governor Diri would not have contested election at all. And occupying that office without a political party is completely illegal and on a constitutional basis, that occupation of the office can be challenged. The people of Bayelsa have the right to question the occupation of that office because they are the ones that voted. If their governor is now without a political party, he ought to vacate that seat.”
He further criticised what he calls a constitutional loophole that allows elected officials to abandon the political parties that sponsored them and join others without facing any consequences.
“Institutions are being rubbished by politicians and the courts appear to be helpless because the wordings in the Constitution make it possible for candidates sponsored by political parties to rubbish those political parties and go to other political parties, without consequence,” he said.
He noted that although the Constitution attempts to address the issue for members of the National Assembly by mandating them to vacate their seats if they defect without just cause, the courts have been reluctant to enforce this provision strictly.
Mark said, “The Constitution attempted to make clarification in respect of members of legislative houses where it said if you defect without cause and without the condition prescribed, that is that there must be a division in your political party that makes it difficult for the national office to function. If you defect without such condition, you vacate your seat. But even at that, with that provision, the courts have been very unwilling to put their feet down and make that provision functional.”
The former legal adviser added that this weakness in the legal and institutional framework has emboldened politicians to treat political parties as mere vehicles for power rather than ideological platforms. “We have a situation where politicians are enjoying themselves. They run to this market today and run to the other one tomorrow and nothing appears to happen. Nobody seems to be in a position to control the political class anymore.They can do as they wish and nothing will happen.”
Mark warned that this pattern of unchecked defection undermines democracy and erodes public trust in political institutions.
“Individuals are getting bigger than the political parties, they are getting bigger than the courts, they are getting bigger than INEC. They are becoming like warlords who are in charge of the territory they occupy and they take decisions without regard for anything and nothing happens.”
Melissa Enoch
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