Abaribe: Senate Urged to Tread Carefully Over Seat Vacancy

The Senate has been cautioned against taking hasty action to vacate the seat of Enyinnaya Abaribe following his recent defection to the African Democratic Congress (ADC).
A constitutional lawyer and Principal Partner at Friends Chambers, Orji Nwafor-Orizu, warned that any rushed decision could trigger serious political consequences.

According to him, the Constitution clearly outlines the conditions under which a senator’s seat can be declared vacant, noting that Abaribe’s situation does not fall within those provisions. “The law does not act in vacuum, please. The law does not act in vacuum in vacuo, as you call it,” he stated.
He further explained that the Constitution makes a distinction between members of the legislature and those in the executive arm, stressing that while governors may defect without losing their positions, lawmakers are guided by separate provisions. However, he maintained that defection alone does not automatically translate to loss of seat.
Nwafor-Orizu argued that removing Abaribe could establish a dangerous precedent, where political party leaders might begin to intimidate or arbitrarily remove elected representatives. “The managers of the political parties… may out of vendetta, political intimidation, or blackmail, start writing letters to members… claiming they have been sacked,” he warned.
He also questioned the timing of the move, describing it as politically motivated. According to him, political actors may speak “honestly” from their standpoint, but such positions may be legally flawed.
The lawyer emphasized that the Constitution should be applied as a progressive document, not retroactively. “It is not retrogressive; it is progressive,” he said.
While the Senate is reportedly considering a request to declare Abaribe’s seat vacant over his defection, Nwafor-Orizu advised restraint, warning of unintended consequences.
He added that Abaribe’s defection does not necessarily imply he has lost the support of his constituents, stressing that constitutional interpretation requires careful legal consideration beyond surface assumptions.
Nwafor-Orizu concluded that any attempt to remove the senator in haste could destabilize the Senate and undermine democratic principles. “The Senate shouldn’t be in a hurry… it might cause a serious political situation that could be difficult to manage,” he said.
The issue is expected to generate intense debate, as opinions remain divided between those who view the defection as a betrayal of mandate and those who consider it a legitimate democratic right.