The Kwara State House of Assembly has declared the seats of two lawmakers, Saaba Issa Gideon and Olusola Odetundun, vacant following their defection from the All Progressives Congress (APC) to the Peoples Democratic Party (PDP).

Gideon represents Edu State Constituency, while Odetundun represents Irepodun State Constituency in the Assembly.

The decision was taken during Tuesday’s plenary after the APC State Chairman, Sunday Fagbemi, petitioned the House to invoke Section 109(1)(g) of the 1999 Constitution against the lawmakers.

In his letter to the Speaker, Yakubu Danladi-Salihu, Fagbemi argued that the two lawmakers were elected on the APC platform and could not continue to occupy their seats after defecting to the PDP.

He maintained that their defections did not fall under the constitutional exceptions permitting elected legislators to change parties without forfeiting their seats, insisting that there was no division within the APC to justify their action.

Leading the debate, the House Leader, Oba Mogaji, said the Assembly was required to enforce the constitutional provision governing defections by elected lawmakers.

Mogaji cited Section 109(1)(g), which provides that a member of a legislative house shall not belong to a political party other than the one that sponsored his election, subject to the exceptions contained in the Constitution.

According to him, the affected lawmakers had not only defected to the PDP but were also seeking to retain their constituencies on the platform of the opposition party in the 2027 elections.

“They have left the APC for the PDP and are seeking reelection for their seats in the opposition party. This contravenes the Constitution,” he said.

The position was supported by other lawmakers, including Abolarin Gabriel of Ekiti Constituency, Ganiyu Folabi of Omupo Constituency and Adato Oguniyi of Ojomu/Balogun Constituency.

Following the debate, Speaker Danladi-Salihu declared the two seats vacant in accordance with the resolution of the House.

The development, however, immediately drew criticism from the Kwara PDP, which described the action as politically motivated and an attempt to punish the lawmakers for changing political allegiance.

In a statement issued by its State Publicity Secretary, Olusegun Adewara, the PDP questioned the procedure adopted by the Assembly, particularly the fact that the process was triggered by a letter from the APC chairman.

The opposition party argued that the Assembly should not have relied solely on a declaration by the party the lawmakers had abandoned to determine a constitutional question.

“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 party said.

The PDP challenged the Assembly to publish the evidence considered before declaring the seats vacant and demonstrate compliance with Section 109(2) of the Constitution.

While acknowledging Section 109(1)(g), the party insisted that the provision must be applied strictly and that the constitutional requirements for establishing the circumstances surrounding a defection must be satisfied.

The PDP also urged Governor AbdulRahman AbdulRazaq and the Speaker to ensure that the Assembly remained independent of partisan interests.

It specifically called on the Speaker, who is also the APC’s governorship candidate, to separate his political interests from his constitutional responsibilities as presiding officer of the legislature.

The party demanded an immediate reversal of the decision, warning that it would pursue judicial action if necessary to protect the affected lawmakers and their constituents.

“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 Hon. Odetundun, Hon. Saba and the constituents they represent,” Adewara said.

The two lawmakers announced their departures from the APC in late August as political realignments intensified in Kwara ahead of the 2027 general elections.

Gideon cited concerns over internal democracy, fairness and inclusiveness in the APC, while Odetundun said his decision followed consultations with his constituents and political stakeholders.

Gideon’s defection also came against the backdrop of an earlier confrontation with the Assembly leadership, which had suspended him for three months over alleged contempt.

The suspension was later overturned by the Kwara State High Court, which declared it unconstitutional and nullified the action.

The latest defections are part of a broader political realignment in the state, following the movement of Kwara Central Senator Saliu Mustapha from the APC to the PDP. Mustapha was subsequently unveiled as the PDP’s candidate for the 2027 Kwara Central senatorial election.