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.
Politics
CSO Seeks Review Of Judgment Sacking Zamfara Rep For Joining APC
Operating under the umbrella of the Coalition of Civil Society Network, the group described the ruling delivered by Justice Obiora Egwuatu as unfair and contrary to the spirit of democracy, urging the judiciary to consider the will of the people in its final determination of the matter.
Justice Obiora Egwuatu of the Federal High Court, Abuja, had on Thursday, October 30, sacked Gummi for defecting from the PDP, which sponsored his election, to the APC.
In his ruling, Justice Egwuatu held that it was morally wrong for a politician to transfer votes from one political party to another, stating that “political prostitution must not be rewarded.”
He declared that voters elect candidates based on the manifestos and ideals of their political parties. Therefore, it was both legally and morally unacceptable for an elected official to abandon that platform without relinquishing the mandate.
The court also restrained the Speaker of the House of Representatives, Tajudeen Abbas, from recognising Hon. Gummi as a member of the House, and ordered him to refund all salaries and allowances received from October 30, 2024, to the date of judgment.
Justice Egwuatu further directed the Independent National Electoral Commission (INEC) to conduct a fresh election within 30 days to fill the vacant seat.
The suit, marked FHC/ABJ/CS/1803/2024, was filed by the PDP and its Zamfara State chairman, Jamilu Jibomagayaki, who argued that Hon. Gummi’s defection violated Section 68(1)(g) of the 1999 Constitution (as amended), as there was no division within the PDP to justify his action.
But convener of the coalition, Lukman Muhammad, who addressed journalists at a press conference in Abuja on Saturday, said Hon. Gummi’s defection was a direct result of the unresolved internal crisis within the PDP, which, according to him, crippled the lawmaker’s ability to effectively represent his constituents.
He said: “We believe the court’s decision was unjust and failed to consider the circumstances surrounding Hon. Gummi’s defection. Gummi’s decision to join the APC was necessitated by the unresolved internal crisis within the PDP, which hindered his ability to effectively represent his constituents.
“We affirm that Hon. Gummi’s right to choose his political affiliation is protected by the Constitution and should be respected. We stand for democracy and the rule of law, while also urging the judiciary to consider the will of the people and the greater good”.
He urged Justice Egwuatu to review the judgment, stressing that the ruling could set a dangerous precedent that undermines the principle of fair representation and the rights of elected officials.
The coalition further noted that the judgment has broader implications for Nigeria’s democratic process, as it raises questions about the extent to which lawmakers can exercise their constitutional freedom of association without fear of losing their mandate.
Politics
PDP, NNPP, Others Blame Tinubu For Defections To APC
The parties stated that the APC was on the verge of collapse following the recent wave of defections from opposition parties into its ranks.
In separate interviews with The Tide source, spokespersons for the Peoples Democratic Party (PDP), New Nigeria Peoples Party (NNPP), and the Coalition of United Political Parties (CUPP) —Debo Ologunagba, Oladipo Johnson, and Mark Adebayo – respectively, said an implosion was imminent in the APC.
But the APC Director of Publicity, Bala Ibrahim, stated that recent defections to the party were voluntary and inspired by the ruling party’s achievements, not through coercion. He added that the APC was well-structured, capable of managing its internal affairs effectively, and therefore would not experience any internal crisis.
In recent months, the ruling APC has continued to receive several high-profile politicians from opposition parties, particularly the PDP. Among those who have joined the APC are Akwa Ibom State Governor, Umo Eno, Delta State Governor, Sheriff Oborevwori, and the PDP’s 2023 vice-presidential candidate, Ifeanyi Okowa.
Most recently, members of the Enugu State Executive Council defected to the APC, a move followed by Governor Peter Mbah’s official declaration for the ruling party on October 14 in Enugu.
On October 15, Bayelsa State Governor, Douye Diri, announced his resignation from the PDP. Although he has yet to join another party, speculation is rife that he is on his way to the APC.
Similarly, Taraba State Governor, Agbu Kefas, confirmed last Wednesday that he would be joining the APC.
Numerous other politicians, including several lawmakers, have also abandoned their parties to align with the ruling APC.
In his reaction, Hon. Ologunagba predicted an imminent crisis within the APC, expressing confidence that those who defected would eventually return to the PDP.
He stated, “This is the major political party (PDP), and it is the only democratic party in the country. It has structures cutting across all the local governments, all the wards, and of course all the states. In every home, there are members of the PDP, and that is why the APC are jittery, and that is why they are coercing our members, using state resources and state agencies to force members of opposition parties to join the ruling party.
“But in all this, we are sure and confident that very soon, the APC will implode because it is a multipurpose political vehicle that is not going to last. It is going to implode.
“Many Nigerians will see through it and know that the party is not a political party that protects the interests of the citizens. So, they are going to leave the party and move to the major political party, which is the PDP. We are optimistic that before 2027, many Nigerians will join us because this is the truly democratic party and the only party that is out there to protect their interests.”
On his part, Mr Johnson of the NNPP lamented that the wave of defections posed a serious threat to the country’s democracy.
Mr Johnson said, “This is bad for democracy. For our type of democracy, it is important to have a proper and effective opposition. Already, we’ve seen a blurring of lines between the legislature and the executive; some would even say the judiciary. I hope not. I think many people are observing the trend and are unhappy. However, we need to be a bit more patient and see what happens soon.
“When the PDP was in power for 16 years, it was the party many people rushed into. Over time, it imploded, and many of those who joined it turned against it. So, I see that happening to the ruling APC. Definitely. This is because of the nature of Nigerian politicians; many are driven by personal interests. I always say that Nigeria can never truly be a one-party state. Even if only one party exists, it will become factionalised, with different interests and power blocs. Those pushing the country toward a one-party system may not have studied Nigeria’s political history carefully.”
In his remarks, CUPP’s Adebayo stated that the pattern of defections among politicians, particularly governors and lawmakers, was a deliberate strategy by the ruling party to transform the country into a one-party state.
Mr Adebayo said, “It is not accidental; it is a deliberate and strategic effort to entrench a one-party dictatorship. Whether these defections are forced or coerced, one thing is clear: it is an intentional action driven by the ruling party, particularly the President.
“This development is unhealthy for our democracy. It is shameful and stands against everything democratic principles represent. It is inimical to the growth and development of Nigeria as a democratic nation and poses a grave threat to our political stability.
“The implosion of the APC will come before or once it loses power. Most Nigerian politicians lack ideological grounding or principles; their loyalty lies only with the party in power. Political affiliation is tied to ideology and conviction, not convenience. However, the ideology of most politicians is simply the ruling party. If tomorrow the ADC, Labour Party, or SDP wins the presidency, many of these same politicians will abandon the APC overnight. They have no shame, no conviction, and no conscience. Their only motivation is proximity to power.”
In response, Mr Ibrahim of the APC maintained the APC would not face any internal crisis, asserting that it has the capacity to effectively manage its affairs, unlike the opposition.
He stated, “The fact that the opposition are not organised and they cannot organise primaries, neither can they manage their parties, does not mean we are on the same boat with them. Our party, the APC, has been conducting primaries successfully and rancor-free.
“So, the fact that they don’t know how to manage their party does not mean that is the way we run our own party. The APC does not coerce anyone to join. Those joining are doing so willingly because of President Bola Tinubu’s Renewed Hope achievements. Our party is fully prepared. It’s not going to implode; it’s not going to have any issues similar to the issues they have been having.”
Politics
Ndume Blames FG, Senate For Nigeria’s ‘Country Of Particular Concern’ Designation By Trump
Senator Ndume, in a statement on Saturday in Abuja, accused both the executive and legislative arms of complacency, saying their failure to proactively engage the United States government on the alleged persecution of Christians in Nigeria led to the development.
The senator recalled that he had earlier sponsored a motion in the Senate on “Christian genocide” in the country. The motion, he said, led to resolutions mandating the Nigerian government to engage the U.S. with verified facts and figures.
President Trump, last Friday, announced the designation of Nigeria as a ‘Country of Particular Concern’ over alleged persecution of Christians.
President Trump made the announcement via a post on his Truth Social platform, which was also shared on the official White House X handle.
“Thousands of Christians are being killed. Radical Islamists are responsible for this mass slaughter,” President Trump wrote.
But the Nigerian government swiftly rejected the claims, insisting that President Trump’s assessment did not reflect the true situation in the country.
However, Senator Ndume accused the President Tinubu’s administration and the Senate of treating the allegation raised by US lawmaker, Riley Moore, with complacency, prior to President Trump’s declaration, and urged the federal government to take urgent steps to engage the US government with facts and figures on the activities of terrorists organisations which, he noted, were blind to faith.
“I have alerted the government, I even moved a motion. Nigeria is a sovereign state, it isn’t about what the United States can do to us, but about the misconception and the ripple effects of classifying us as a country of concern.
“We should engage the American government by presenting facts and figures. By engaging the US government, we should demand that they hear the other side of the story from the Nigerian government and the Muslim community. Muslims have been killed too. The genocide isn’t against Christians but Nigerians generally,” he said.
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