Politics
Political Party, Defection And The Law
Nigeria has had a chequered political history of defection of party members from their party to another right from the pre – colonial administration.
Defection has characterised the political landscape of Nigeria. It is usually normal in politics to defect to another political party. Is the trend healthy for the political development of Nigeria? Does it portend stability for a political party? Does the law regulating political parties activities allow such defection? What actually is the position of the law on the subject matter? These questions are begging for answer.
But the trend of political defection of politicians from one party to another is quite alarming right from when Nigeria returned to democratic rule in 1999 to now. This is unlike during the famous early morning defection of Convention of Nigeria citizens (NCNC) elected members to the Action Group on the floor of the Western Nigeria House of Assembly in 1951.
Political party defectors are usually regarded as political prostitutes without political principle, morality, conscience and lacking in political ideology to champion the cause of leadership for the well being of the society and political development of the country.
Barrister Jas Awanen adduce reason(s) for cross carpeting or defection of politicians, saying the trend result from personality clash, power tussles, divergent views on the operations of a political party’s philosophy, crisis or division within a given political party, disagreement on party’s position on an issue, realisation of one’s personal political ambition and party leaders reneging on agreed issues of the political party probably on power sharing formula.
During the first Republic, the former Premier of the defunct Western Region of Nigeria, Chief Ladoke Akintola left the then Action Group in a crisis rooted more in personality clash and personal principles of the need for him to move the Yoruba race into the Nigeria’s mainstream politics.
Even within the late Dr Nnamdi Azikiwe political fold the great political philosopher, Dr. Kingsley Mbadiwe defected from the NCNC to form his political party, the Democratic Party of Nigeria in the 50s based on disagreement with the party leaders.
Records also have it that in the old Ondo State during the Second Republic, Chief Akin Omoboriowo, the then deputy governor of United Party of Nigeria (UPN) government of Chief Michael Ajasin defected to join the National Party of Nigeria (NPN) and became its gubernatorial candidate.
However, from 1999 to date many politicians at the local government, state and federal levels had consistently defected from one political party to the other. Some did so abandoning the parties on whose platform they were elected, while others after losing elections found it the best option for them to cross carpet to another political party.
According to Port Harcourt-based legal practitioner, Tami Abbiye-Suku, defection portends danger for the political system.
Politicians should exercise patience and show maturity in the way they play politics,” he said, adding that defection to a ruling party may lead to one party system which is not healthy for the political development of the nation”.
In another breath Abbiye-Suku said “there is great need for political parties to have ideologies, programme, policies which will serve as a compass to their members and discourage them from defecting to another party”.
Meanwhile, some past and serving senators, Governors, House of Representatives members, State legislators, council chairmen and councilors have abandoned their elected political party platform for another on the excuse of factional crisis or division within their political party.
In the senate, Dr Wahab Dosunmu, Senator Adeseye Ogunlere and Senator Musulius Obanikoro all elected on the platform of Alliance of Democracy (AD) Lagos State defected to join the ruling Peoples Democratic Party (PDP). Chief Arthur Nzeribe (Imo), Senator John Nwanunu (Abia) Dr Usman Kadir (Kogi) the trio defected from the All Nigeria People Party (ANPP) to join the Peoples Democratic Party (PDP).
Besides Senator Satti Gogwin, Action Congress (Plateau) defected to join the ruling party (PDP), while Senator Iyiola Omisore former deputy governor of Osun State on the platform of Alliance for Democracy defected to join the PDP and became elected senator of the party.
In Abia State, Comrade Uche Chukwuemerijie elected on the ruling Peoples Democratic Party platform defected to the pregressive People Alliance (PPA). Chief Sergeant Awuse former chairman Board of Directors, federal Airport Authority of Nigeria (FAAN) defected from the ruling party to become the Gubernatorial candidate of Democratic Peoples Party (DPP) Alhaji Attahiru Bafarawa former Governor of Sokoto State on the platform of All Peoples Party (APP) left to form the DPP and became its presidential candidate in 2007 general election even as Chief Orji Kalu left the ruling People Democratic Party to form the Progressives Peoples Alliance (PPA) and became its presidential candidate.
Recently a third term senator Patrick Osakwe representing Delta North defected from the Peoples Democratic Party (PDP) for Accord Party. Not long enough, the elected senator also abandoned AP and defected to the Peoples Democratic Party again alleging division within the party.
But the National Legal Adviser of the Accord Party, Barrister Sikiru Oke said, Senator Osakwe by his action disregarded the party’s constitution and laid down procedure and rules of doing things in an organised society.
The senator was accused of instigating, sponsoring crisis within party as justification for his despicable act.
The incumbent Governor of Ondo State, Dr. Olusegun Mimiko was once the SSG of Ondo State government and former minister under the ruling Peoples Democratic Party. He defected to the labour part, at the turn up of events became the State Governor.
The governor of Imo State, chief Ikedi Ohakim who contested the primaries of PDP and got only three votes. Later he defected to the Progressive Peoples Alliance and became its gubernatorial candidate. He was eventually elected the governor but after defected from PPA back to PDP. Even the governor of Bauchi State and former minister defected from PDP to ANPP to be elected governor of Bauchi only to move back to PDP.
Abbiye-Suku explained that the trend shows the despicable chameleon character of Nigeria politicians and struggle for political relevance without any conscience and political ideologies as a driving force while they are in politics”.
He called on Nigeria’s politicians to show some level of principle rather than ambition. However, what is the position of the law on defection Zamfara State, the defection of the state governor, Alhaji Aliyu Shinkafi and his deputy Mukhtar Anka from the All Nigeria Peoples Party (ANPP) to the Peoples Democratic Party (PDP) was challenged in court by the leadership of the ANPP.
But in a landmark judgement delivered by the Federal High Court, Gusau Division presided over by Justice Adamu Bello, the suit was dismissed on the ground that the action of the governor and his deputy was not illegal going by the provisions of the 1999 constitution.
Section 177 of the 1999 constitution clearly states that a person shall only be qualified for election into the office of the governor of the state if he is a member of a political party and sponsored by a political party. The same 1999 constitution did not state that such a person cannot leave that party after achieving electoral victory. This is only in respect of an elected governor.
In the decided case of Abubakar Atiku VAGF the supreme court held that a person sponsored by a political party to power could leave the same party to another without breaching any section of the constitution.
But in respect of elected senator, House of Representative members and state legislators the 1999 constitution specifically in section 68(1)(g) and (2) and 109ig) (2) only makes provisions for the tenure of members of the legislature and not that of the executive.
The provisions clearly state that a state or federal lawmakers must vacate his or her seat after defecting to another political party, member of the Senate or House of Representative shall vacate his seat in the House of which he is a member if (g) being a person whose election to the House was sponsored by a political party before the expiration of the period for which that house was elected provided that his membership of the latter political party is not as a result of a division in the political party of which he was reviously a member or of a merger of two or more political parties or faction by one of which he was previously sponsored”.
This provision has been explored by elected legislators to defect from their political party to another. Even it is evident that the constitution stipulated that one can leave a political party on the ground of factional crisis within a given political party.
However, one manifestation of the history of defection on the Nigeria’s political landscape is that a preponderance of those who defect do so in favour of the ruling political party in power either at the centre or state level.
This situation portends great danger for sustainable democracy and if left unchecked could move the nation towards a drift of one political party system without any viable opposition to act as check on the ruling political party.
The Independent National Electoral Commission (INEC) yesterday told the National Assembly that it requires N873.78bn to conduct the 2027 general elections, even as it seeks N171bn to fund its operations in the 2026 fiscal year.
INEC Chairman, Prof Joash Amupitan, made the disclosure while presenting the commission’s 2026 budget proposal and the projected cost for the 2027 general elections before the National Assembly Joint Committee on Electoral Matters in Abuja.
According to Amupitan, the N873.78bn election budget covers the full conduct of national polls in 2027.
An additional N171bn is needed to support INEC’s routine activities in 2026, including bye-elections and off-season elections, the commission stated.
The INEC boss said the proposed election budget does not include a fresh request from the National Youth Service Corps seeking increased allowances for corps members engaged as ad-hoc staff during elections.
He explained that, although the details of specific line items were not exhaustively presented, the almost N1tn election budget is structured across five major components.
“N379.75bn is for operational costs, N92.32bn for administrative costs, N209.21bn for technological costs, N154.91bn for election capital costs and N42.61bn for miscellaneous expenses,” Amupitan said.
The INEC chief noted that the budget was prepared “in line with Section 3(3) of the Electoral Act 2022, which mandates the Commission to prepare its election budget at least one year before the general election.”
On the 2026 fiscal year, Amupitan disclosed that the Ministry of Finance provided an envelope of N140bn, stressing, however, that “INEC is proposing a total expenditure of N171bn.”
The breakdown includes N109bn for personnel costs, N18.7bn for overheads, N42.63bn for election-related activities and N1.4bn for capital expenditure.
He argued that the envelope budgeting system is not suitable for the Commission’s operations, noting that INEC’s activities often require urgent and flexible funding.
Amupitan also identified the lack of a dedicated communications network as a major operational challenge, adding that if the commission develops its own network infrastructure, Nigerians would be in a better position to hold it accountable for any technical glitches.
Speaking at the session, Senator Adams Oshiomhole (APC, Edo North) said external agencies should not dictate the budgeting framework for INEC, given the unique and sensitive nature of its mandate.
He advocated that the envelope budgeting model should be set aside.
He urged the National Assembly to work with INEC’s financial proposal to avoid future instances of possible underfunding.
In the same vein, a member of the House of Representatives from Edo State, Billy Osawaru, called for INEC’s budget to be placed on first-line charge as provided in the Constitution, with funds released in full and on time to enable the Commission to plan early enough for the 2027 general election.
The Joint Committee approved a motion recommending the one-time release of the Commission’s annual budget.
The committee also said it would consider the NYSC’s request for about N32bn to increase allowances for corps members to N125,000 each when engaged for election duties.
The Chairman of the Senate Committee on INEC, Senator Simon Along, assured that the National Assembly would work closely with the Commission to ensure it receives the necessary support for the successful conduct of the 2027 general elections.
Similarly, the Chairman of the House Committee on Electoral Matters, Bayo Balogun, also pledged legislative support, warning INEC to be careful about promises it might be unable to keep.
He recalled that during the 2023 general election, INEC made strong assurances about uploading results to the INEC Result Viewing portal, creating the impression that results could be monitored in real time.
“iREV was not even in the Electoral Act; it was only in INEC regulations. So, be careful how you make promises,” Balogun warned.
The N873.78bn proposed by INEC for next year’s general election is a significant increase from the N313.4bn released to the Commission by the Federal Government for the conduct of the 2023 general election.
In a timetable issued by its National Secretariat in Abuja and signed by the National Organising Secretary, Sulaiman Argungu, the party said the activities were in line with provisions of its constitution guiding the election of party officials across all tiers.
According to the schedule, membership e-registration began on January 31 and ended on February 8, while notices of congresses were dispatched to state and Federal Capital Territory chapters on February 2.
Submission of nomination forms for ward and local government congresses closed on February 9, followed by screening and appeals between February 10 and February 14.
Ward congresses are fixed for February 18, with appeals the following day, while local government congresses will take place on February 21 and appeals on February 23.
At the state level, purchase of forms for state executive positions will run from February 22 to February 25, with screening set for February 27–28 and appeals from March 1–2. State congresses are scheduled for March 3, and appeals on March 4.
Activities leading to zonal congresses and the national convention include purchase and submission of forms between March 12 and March 16, inauguration of screening committees on March 23, and screening of aspirants on March 24. Zonal congresses across the six geo-political zones are slated for March 25, with appeals on March 26.
The party’s national convention will hold from March 27 to March 28.The APC also published fees for expression of interest and nomination forms across the different tiers.
At the ward level, expression of interest costs ?5,000, while nomination forms range from ?15,000 to ?20,000 depending on the position. For local government positions, nomination forms range from ?50,000 to ?100,000 after a ?10,000 expression-of-interest fee.
State executive positions attract ?50,000 for expression of interest, with nomination forms pegged at ?1 million for chairman and ?500,000 for other offices. Zonal offices require ?100,000 expression of interest and ?200,000 for nomination.
For national positions, the fees rise significantly, with expression of interest set at ?100,000. Nomination forms cost ?10 million for national chairman, ?7.5 million for deputy national chairmen and national secretary, ?5 million for other offices, and ?250,000 for National Executive Committee membership.
The party noted that female aspirants, youths and persons living with disabilities would pay only the expression-of-interest fee and 50 per cent of nomination costs. It also clarified that Ekiti, Osun, Rivers states and the FCT are excluded from ward, local government and state congresses, but will participate in electing delegates to the national convention.
Forms are to be completed online after payment verification, with payments directed to designated APC accounts at Zenith Bank and United Bank for Africa.
The congress cycle is expected to determine new party leadership structures ahead of future electoral activities.
The Tide source reports that the committee, reportedly backed by the Minister of the Federal Capital Territory (FCT), Chief Nyesom Wike, is making moves to reclaim the Wadata Plaza headquarters months after it was sealed following a violent clash between rival factions of the party.
Senior officers at the FCT Police Command told our source that while they had not received an official briefing, police personnel would be stationed at the secretariat and other key locations to maintain peace.
The Acting National Secretary of the Mohammed-led committee, Sen. Samuel Anyanwu, announced last week that the secretariat would reopen for official activities on Monday (today).
He dismissed claims that ongoing litigation would prevent the reopening, saying, “There are no legal barriers preventing the caretaker committee from resuming work at the party’s headquarters.”
However, the Tanimu Turaki-led National Working Committee (NWC) has fiercely rejected the reopening move, insisting that Sen. Anyanwu and his group remain expelled from the PDP and have no authority to act on its behalf.
Speaking with The Tide source, the committee’s National Publicity Secretary, Ini Ememobong, declared: “They are living in fool’s paradise. The worst form of deceit is self-deceit, where the person knows he is deceiving himself yet continues with gusto.
“Even INEC, which they claim has recognised them, has denied them. They are indulging in a roller coaster of self-deceit.”
Mr Ememobong further revealed that letters had been sent to both the Inspector-General of Police and the FCT Commissioner of Police, stressing that the matter was still in court and warning against any attempt to “resort to self-help.”
“The case pending before Justice Joyce Abdulmalik was instituted by the expelled members. They cannot resort to self-help until judgment is delivered,” he said.
He warned that reopening the secretariat would amount to contempt of court.
A senior officer at the FCT Police Command, who spoke on condition of anonymity, confirmed that officers would be deployed to the area to avert a repeat of the November 19 violence that led to the secretariat’s initial closure.
“The command would not stand by and allow a breakdown of peace and order by the party or anyone else. Definitely, the police will have to be on the ground,” he said.
Another officer added, “There will definitely be men present at the secretariat, but I can’t say the number of police officers that would be deployed.”
When contacted, the FCT Police Public Relations Officer, Josephine Adeh, said she had not been briefed on the planned reopening and declined to comment on whether officers would be deployed.
Asked to confirm whether the secretariat was initially sealed by police, she responded, “Yes,” but refused to say more about the current deployment plans.
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