
The motion filed by Charles Hector, however, said there should be an exception if the MP or state assemblyman is sacked by the party and chooses to be an independent.
However, he should be disqualified the moment he joins another party which opposed him in the election.
“The Election Commission (EC) should call for an election immediately to allow the people in the constituency to choose their new representative. This is to ensure the people’s right and choice will be the ultimate winner.
“It is absurd for elected representatives who have lost the support of their constituents to continue to act as though they still have the peoples’ mandate.
“There shall also be no bar on them from contesting in the by-election in the same constituency as the mandate goes back to the electorate.”
The motion, sighted by FMT, states that the party under which the candidates contest, and their election manifestos are important factors for the voters when it comes to choosing their representatives and notes that Article 48 of the Federal Constitution will have to be amended for this to take effect.
The motion is also urging the Bar Council to do all that is needed to get the government to repeal existing provisions that bar persons from running for elections for five years after they finish serving their prison sentence or a fine upon conviction.
“This is not only unjust but also encourages discrimination against ex‐convicts after they complete their sentences,” it said.
The motion has also urged the Bar Council to propose changes to the Elections Act to empower the EC to investigate and prosecute when it comes to crimes related to elections.