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.
A senator who represented Taraba Central, Mr Abubakar Yusuf, has declared that the economic policies of President Bola Tinubu are not yielding the expected results.
His comment is one of the strongest internal critiques yet from within the ruling All Progressives Congress (APC).
The comment underscores the growing dissatisfaction within sections of the ruling party over the direction and impact of the administration’s economic reforms amid rising living costs and fiscal pressures across the country.
Mr Yusuf, who served in the Senate between 2015 and 2023 under the platform of the APC, made the remarks during an appearance on national television.
Responding to a question on whether the administration’s economic direction, often referred to as Tinubunomics, was working, Mr Yusuf answered in the contrary.
“For me, it is not working. I am a member of the APC. I would be the last person to hide the facts”, he said.
He said while the government might be operating diligently within its policy structure, the framework itself is ill-suited to Nigeria’s current realities
“Within the policy framework, yes, they are doing their best, but it is not the framework that is suitable for Nigeria at the point in time that President Asiwaju came into power,” he said.
Mr Yusuf criticised the immediate removal of fuel subsidy on the day the president was sworn in, arguing that the decision lacked sufficient consultation and planning.
“I am one of those who say President Asiwaju ought to have waited. Not on the day he was sworn in to say subsidy is gone. On what basis?”, he asked.
He urged broader engagement before major fiscal decisions are taken.
“Sit down with your cabinet, sit down with your ministers, sit down with your advisers,” he said, dismissing the argument that subsidy removal was justified solely on grounds of corruption.
The former lawmaker identified “structural flaws” in the country’s budgeting system, particularly the envelope budgeting model.
“One of the basic problems is that before you budget, you should have a plan. The envelope system we have been operating has been you budget before you plan. That has been a major issue”, he said.
He argued that allocating spending ceilings without aligning them to concrete development strategies inevitably weakens implementation and delivery.
“If you give me an envelope which is contrary to my plan, whether it is plus or minus, there is no way I am going to implement my plan. It is bound to fail,” he said.
Mr Yusuf called for the scrapping of the envelope budgeting system, noting that he had consistently opposed it even during his years in the National Assembly.
“It is not good for us. It is not going to work well for us,” he said.
He further blamed poor capital releases and persistent deficit financing for undermining budget performance over the years.
“We could not meet 60 percent of our capital budget in all these years. No releases. If you make a budget and the release is very poor, there is no way the budget will be executed”, he stated.
According to him, weak fund disbursement mechanisms and reliance on deficit financing have entrenched a cycle of underperformance.
“Our budget ought to have been a surplus budget, but all our budgets have always been deficit financing budgets,” Mr Yusuf added.
The Nigerian House of Representatives has resolved to reconvene for an emergency session tomorrow February 17, 2026, to deliberate on issues arising from the Independent National Electoral Commission’s (INEC) release of the timetable for the 2027 general elections.
The decision was disclosed in a statement issued by the House Spokesman, Rep. Akin Rotimi, who described the electoral body’s announcement as one of “constitutional and national significance.”
INEC had fixed February 20, 2027, for the Presidential and National Assembly elections.
According to the statement, members of the Green Chamber were notified of the emergency sitting through an internal memorandum from the Speaker’s office.
The session is expected to focus on legislative matters connected to the newly released timetable, reflecting the House’s resolve to act promptly on issues affecting the nation’s democratic process.
Rep. Rotimi noted that all related businesses would be treated with urgency and urged lawmakers to prioritise attendance in view of the importance of the deliberations.
INEC had on Friday formally unveiled the comprehensive schedule for the 2027 polls, including timelines for party primaries slated for July to September 2026, as well as the commencement of Continuous Voter Registration in April 2026.
The development comes amid ongoing consultations and proposed amendments to the Electoral Act ahead of the 2027 general elections.
As the controversy over the transmission of election results continues across the country, the Defence For Human Rights And Democracy (DHRD), a pro democracy organisation in the country, has criticised the National Assembly for not giving express approval to real time transmission of elections results.
To this end, the group is calling on all civil society organisations in the country to mobilise and push for a better Electoral Reform in the country.
This was contained in a press statement titled, “Defence For Human Rights and Democracy Demands Real Time Election Transmission of Result”, a copy of which was made available to newsmen in Port Harcourt.
The group described the refusal of compulsory real time transmission of result results by the Senate as undemocratic, adding that the situation will give room for election manipulation, rigging and voters apathy.
It said that the provision of mandatory real time transmission of election results would have significant improvement on the nation’s democracy.
According to the statement, “Since the return of democracy in 1999 to date, it is 27 years, so our Democracy has metamorphosed from being nascent and as such significant improvement should have been recorded.
“Defence For Human Rights And Democracy (DHRD), is really disappointed at the National Assembly, especially the upper chamber (Senate) for not approving ‘Real Time Electronic Transmission of Election Result’.
“This undemocratic act of theirs, if not tamed, will give room for election manipulation and rigging’”.
Signed by Comrade Clifford Christopher Solomon on behalf of the organisation, the statement further said, “The Defence For Human Rights and Democracy unequivocally supports real time transmission of election result”, stressing that his group will resist any act by the National Assembly to undermine the nation’s democracy.
“DHRD,unequivocally supports ‘True Democracy’, which is Government of the people, by the people and for the people.
“Therefore, anything that will crash the hope of Nigerians to Freely, Fairly and Transparently elect candidates of their choice in any given election should and will be vehemently resisted because good governance begins with leaders elected through credible process. By so doing, leaders have entered a social contract with the citizens to equitably manage their affairs and abundant resources”, the statement added.
It urged the National Assembly to revisit the issue in order to avoid civil unrest.
According to the DHRD, “To avoid civil unrest,voters apathy, election rigging and manipulation, rather to promote citizens participation, advancing our Democracy and entrenching free, fair, credible and acceptable electoral outcome, the National Assembly should amend the electoral act in a manner that will deepen our democracy and boost citizens confidence.
“On this note, The Defence For Human Rights And Democracy (DHRD), is calling on all other civil society organisations (CSOs) to mobilise, organise and push for a better electoral act amendment by the National Assembly”.
By: John Bibor
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