Politics
Executive Defection: Independent Candidacy To The Rescue
It is common ground that under the present constitutional arrangement in Nigeria, independent candidacy in an election is expressly outlawed. A community reading of the proviso to section 40 and section 221 of the Constitution of the Federal Republic of Nigeria, 1999, as amended, buttress that only registered political parties are authorised to canvass for votes for a candidate in an election.
Put tersely, a candidate in an election must be sponsored by an INEC registered political party.
This present position of the law (no independent candidate in an election), has thrown up confusion in the polity leading to diametrically opposed or divergent views about who owns the votes cast in an election especially in relation to members of the executive arm of government, who may choose to decamp after being elected into office on the platform of a political party.
Throughout the gamut of constitution, there is no express provision barring or prohibiting an elected member of the executive arm of Government from decamping.
This is unlike what is expressly obtainable under the provisions of sections 68(1)(g) and 109(1)(g) of the Constitution of the Federal Republic of Nigeria (as amended) where an elected member of the National Assembly or State House of Assembly respectively is (subject to recognised exceptions therein) liable to vacate his seat if he becomes a member of another political party before the expiration of the period for which he was elected.
Answering the query to whom does the votes cast in an election belong has therefore become very problematic.
Some argue that the votes belong to the political party because, among other things, it is the party (its logo not name or photograph of the candidate) that is voted on election day. It is the exclusive constitutional preroga-tive of the party to sponsor candidates in an election.
On the contrary, others contend that votes cast in an election belong to the candidate because the party does not go for screening of candidates and the Certificate of Return is issued to the candidate in his name and not in the name of the political party.
They further argue that the Certificate of Return is issued to a named candidate of a political party (for instance, issued to Prof of APC as the winner) and not for the party (for instance, issued to Prof for APC as the winner).
All the sides of the argument are attractive and carry forceful convincing logic.
No person can win an election if he is not sponsored by a political party. No party can win an election if it does not have a candidate in an election.
This is like Siamese (thoracapagus con-joined) twins situation or resolving the query of seniority between the egg and chicken (which came first).
Even the courts are also divided on the matter of who owns the votes in an election where an elected member of the executive arm of government defects to another political party following from the types of judicial decisions that emanate from the lower superior courts of record lately.
It is thus settled that it will only take the Supreme Court to decide the matter conclusively on a final appeal.
Even at that, opinions will continue to be divided if the constitutional provi-sions remain the way they are presently couched and if the Constitution continues to outlaw independent candidacy in an election.
To break this serious deadlock, it is strongly suggested that the Constitution be amended to allow independent candidacy in an election. That way, the present nagging debates about the owner of votes cast in an election will be laid to rest permanently.
With this proposed constitutional amend-ment in favour of independent candidacy, if a person contests an election as an independent candidate, the argument as to who owns the votes will never arise. The votes surely belong to him.
Where on the other hand, a person is a sponsored candidate of a political party, it will no longer be open for that person to claim that the votes belong to him and not to the political party on whose platform he contested and won the election.
Given the present quagmire, independent candidacy is “a win win situation” and it is consistent with the right to freedom of association enshrined in section 40 of the Constitution of the Federal Republic of Nigeria 1999, which provides as follows: Every person shall be entitled to assembly freely and associate with other persons, and in particular he may form or belong to any political party, trade union or any association for the protection of his interests.
The right to freedom of association includes not only the right to dissociate but also the freedom to be alone (independent).
We call on our legislature to do the needful and save all the huge verbal expenditure and juristic ink being wasted on a matter that has a simple solution.
A new normal is possible!
By: N.O. Obiaraeri
Obiaraeri resides in Owerri.
Benue State Governor, Hyacinth Alia, has appointed Nigerian music legend, Innocent Idibia, popularly known as TuFace, as his Technical Adviser on Entertainment and Community Outreach.
In a viral video on Wednesday, Governor Alia praised TuFace for all the support towards his administration.
The Governor stated that TuFace can do more.
He stated, “On behalf of the Benue State Government and our very good people, we want to give you some more responsibility plus the ones you have been doing because you have the capacity to do some more and help us chart a way forward to improve other people’s lives and to gain more from your wisdom and advice as well.
“So, I’m pleased to announce that we will make you a Technical Adviser to the Governor on Entertainment and Community Outreach.”
Governor of Delta State, Rt Hon Sheriff Oborevwori, has officially defected from the Peoples Democratic Party (PDP) to the ruling All Progressives Congress (APC).
The announcement was made following a closed-door meeting at the Government House in Asaba on Wednesday.
The Governor’s Chief Press Secretary, Sir Festus Ahon, confirmed the development in a telephone conversation with The Tide’s source.
Similarly, the defection of former Governor Ifeanyi Okowa was announced on Wednesday in Asaba by Senator James Manager, following a meeting that lasted over six hours at the Government House.
Senator Manager said all PDP members in the State, including the Governor, former Governor Okowa, the Speaker, the state party chairman, and all local government chairmen, had agreed to join the APC.
“We cannot continue to be in a sinking boat,” he said.
The decision to defect to the All Progressives Congress (APC) followed extensive consultations with political stakeholders and was made in the interest of Delta State’s long-term development.
Governor Oborevwori, who won the 2023 gubernatorial election on the platform of the Peoples Democratic Party (PDP), was received by senior APC officials in what political analysts are already describing as a strategic realignment with far-reaching implications ahead of the 2027 general elections.
The Conference of Speakers of State Legislatures of Nigeria has condemned the recent wave of killings in Plateau, Borno, Benue, Niger State and most recently, Kwara State, calling on the federal and state governments to take urgent steps to stem the tide.
Chairman, Conference of Speakers of State Legislatures of Nigeria, Adebo Ogundoyin, stated this in a statement issued in Ibadan, Oyo State.
Rt Hon. Ogundoyin, who is the Speaker of the Oyo State House of Assembly, said the gruesome killings had led to tragic loss of lives, widespread displacement, and unimaginable trauma for thousands of Nigerians.
“We are alarmed by the escalating insecurity in the land and the seeming helplessness with which these attacks are met. The time for mere condemnation and rhetoric has passed; urgent and coordinated action is now required at all levels of government to end these bloodbaths and restore peace and order.
“While we acknowledge that defence and national security fall within the exclusive jurisdiction of the Federal Government, we must stress that every level of government bears responsibility for the security and welfare of the people. State governors, in particular, must rise to the occasion and fully understand that governance is not limited to road construction and ceremonial functions. True governance is rooted in the protection of lives, the preservation of order, and the alleviation of suffering,” he said.
He called on state governments to complement the efforts of the Federal Government by making and enforcing enabling laws for community policing and other grassroots-driven security models.
According to him, States must develop proactive frameworks that integrate local intelligence, social support systems, and youth engagement in the fight against insecurity.
The conference also urged the Federal Government to meaningfully engage the citizenry and introduce bold, practical measures to cushion the hardship caused by its current economic policies.
“Millions of Nigerians are groaning under the weight of inflation, unemployment, and a cost-of-living crisis. It is imperative that relief initiatives—targeted, transparent, and impactful—are rolled out without delay. Dialogue, not distance, must define the relationship between the government and its people at this critical time.
“The Conference of Speakers affirms its commitment to supporting all legislative actions necessary to restore security, promote justice, and foster inclusive governance across the country. The killings in Benue, Niger, Plateau, Borno, Kwara, and any part of Nigeria must not be allowed to continue unchecked. Justice must prevail, and peace must be restored.
“Let it be known: the safety, dignity, and well-being of every Nigerian must remain the top priority of all arms and levels of government,” Rt Hon. Ogundoyin said.