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.
Politics
Senate Confirms Amupitan As INEC Chairman

The Senate has confirmed Professor Joash Amupitan as the new Chairman of the Independent National Electoral Commission.
The Red Chamber confirmed Amupitan after a voice vote conducted by Senate President Godswill Akpabio and after undergoing screening and answering questions posed by the lawmakers.
Amupitan had earlier arrived at the National Assembly complex earlier, exchanged pleasantries with Senators.
He was accompanied to the chamber by the Governor of Kogi State, Ahmed Ododo, and other dignitaries.
At about 12:50 p.m., the nominee was ushered into the Senate chamber by the Presidential Adviser on National Assembly Matters (Senate), Senator Abubakar Lado, and was already seated ahead of the commencement of the exercise.
Amupitan was allowed into the hallowed chamber after the Senate Leader, Senator Opeyemi Bamidele (APC, Ekiti Central), moved that Order 12 be set aside to allow visitors into the chamber, and he was seconded by the Senate Minority Leader, Senator Abba Moro (PDP, Benue South).
Senate President Godswill Akpabio welcomed Amupitan, his family members, and well-wishers to the Red Chamber, commending them for their presence.
Before introducing himself to the Senators for the question and answer session to take off, Akpabio disclosed to his colleagues that the nominee had been cleared by the office of the National Security Adviser after vetting.
According to Akpabio, the office of the Department of State Services had also cleared him.
The Senate President also said that the Office of the Inspector-General of Police, having done a fingerprint search on him, cleared him and said that he had no criminal records with the police.
The screening exercise commenced at about 12:55 p.m. following Akpabio’s opening remarks, during which he outlined the procedures to be followed by the lawmakers in considering the nominee’s credentials.
The screening session focused on Amupitan’s vision for credible elections, his plans for institutional reforms within INEC, and measures to deepen the use of technology in Nigeria’s electoral process.
Following his confirmation by the Senate, Amupitan will oversee preparations for upcoming off-cycle governorship elections and lay the groundwork for the 2027 general elections.
The Tide source earlier reported that President Bola Tinubu had nominated Amupitan, a Professor of Law from the University of Jos, to succeed Prof. Mahmood Yakubu.
The President’s letter conveying Amupitan’s nomination was read on the floor of the Senate by Akpabio during plenary on Tuesday.
A Senior Advocate of Nigeria and former Dean of the Faculty of Law at the University of Jos, Amupitan, is widely regarded for his expertise in constitutional and international law.
Politics
PDP’ll Reclaim Presidency, Won’t Sink Following Defections — Mohammed

He said, although he was deeply concerned about some governors and lawmakers defecting to the APC, the party was working quietly behind the scenes to stabilise its ranks and rebuild public trust.
“If you ask me whether I’m concerned about our governors leaving for APC, I am more than concerned. But leadership is a burden. As a leader of a group of equal status, I cannot determine the decisions or inactions of my colleagues, but certainly, a lot of work is being done behind the scenes,” he said.
The Bauchi governor accused the APC-led federal government of using coercive tactics to weaken the opposition, saying the ruling party was bent on turning Nigeria into a one-party state.
“You know the style of leadership of the APC-led federal government in trying to make this country a one-party state. They have the power of coercion; they have the power of everything,” he said.
Governor Mohammed, however, maintained that the defections would not derail the PDP’s resurgence, stressing that most Nigerians at the grassroots remained loyal to the party.
“Even those who left are not finding it easier because most of the people at the grassroots level are PDP and are not happy with the defections. Sometimes it is done because of permutations and calculations. But I assure you I am not going anywhere. I am in PDP, and my state has no element of division,” he explained.
Governor Mohammed revealed that more defections could occur, including from lawmakers in his state, but insisted the PDP structure in Bauchi remained solid.
“Even today, I saw in the news that one of my senators is going. They are being controlled, they are being bought, but certainly, the state is PDP. Nigerians want change, and they believe they can get it through the PDP,” he stated.
The governor emphasised that the PDP had laid the foundation for most of Nigeria’s measurable achievements under successive governments and that the party remained the only credible platform capable of providing national renewal.
“Most of the measurable achievements by the federal government were done by PDP regimes. By the grace of God, if we stand firm, we will deliver. Some of us who won as governors were not even considered capable, and here we are. That’s what will play out in 2027,” he said.
Addressing concerns over potential threats to the forthcoming convention, the PDP stalwart said the party leadership was working to resolve internal disputes and litigations aimed at destabilising preparations.
“I cannot speak for the National Working Committee, but as a leader within the party, I know they are doing their best to address issues of litigations. Many are artificially created to undermine us, but we don’t have any faction in the PDP,” he said.
He noted that while some individuals had approached the courts to stop the party’s convention, the PDP remained more organised than most opposition parties.
“Comparatively, most of the other parties are not better off than us. We are better off than most opposition parties. We are the only ones intact; with one National Secretary, one National Chairman, and one Publicity Secretary. This meeting gives hope that at the end of the day, we will deliver,” he said.
On reports of Governor Peter Mbah’s rumoured defection from the PDP, Governor Mohammed said Governor Mbah had not formally declared any intention to leave and remained a respected colleague.
“Actually, Governor Mbah has not told us his position. It is a personal decision. We cannot remove his picture before he leaves. When he leaves, we will replace him with another person. Up till now, he has not told me he’s leaving,” he said.
He also dismissed speculation surrounding Governor Siminalayi Fubara of Rivers State, describing him as a loyal member of the PDP who had endured significant challenges in office.
“He has not left the party; he is still PDP. Everybody has his own style. He is a humble young man who has gone through so much and has done well to accommodate all the problems and challenges he found himself in,” he said.
Commenting on speculations about a possible 2027 presidential project involving former President Goodluck Jonathan, the Bauchi governor said the PDP remained open to prominent figures who wished to return or associate with the party.
“People are still interested in this party, and these big names being associated with us make us happy. As governors, we have resolved to put personal interests aside. We are united and will come up with leadership that will be the best choice for Nigerians to put in Aso Rock, inshallah,” he stated.
Governor Mohammed reaffirmed his commitment to the PDP and expressed optimism that new, visionary leaders would emerge from the party in 2027 to defeat what he called the APC’s ‘deceptive’ style of politics.
“If somebody goes, just like a bird, they go, they come. Please, don’t blame anybody at the governors’ level; we are doing our best, but it is beyond our control,” he said.
Politics
Obi Insists On Faith In New Nigeria During Rome Pilgrimage

In a statement following his recent visit to the United States and Rome, Mr Obi said he used the pilgrimage as an opportunity to seek divine intervention for Nigeria’s unity, peace, and responsible leadership.
He stated that after addressing members of the Friendship Club in the US and speaking at the 1st Ubuntu African Youth Assembly in Washington, he proceeded to Rome to join his wife for a spiritual retreat.
“With hearts full of gratitude, we thanked God that, despite our differences and the many challenges faced over 65 years of independence, He has kept us together as one nation,” Mr Obi said.
During the pilgrimage, the couple visited the four major Papal Basilicas in Rome — St. Mary Major, St. Paul Outside the Walls, St. John Lateran, and St. Peter’s Basilica — where they met with other Nigerian pilgrims.
“Along the way, we met many Nigerian pilgrims: men and women of faith whose faces shone with quiet hope. Together, we renewed our trust in God’s mercy and in the promise of a better Nigeria,” he added.
Reaffirming his faith in both divine providence and civic duty, Mr Obi maintained that prayer must be matched with personal and collective effort.
“Faith does not absolve us of responsibility; it calls us to action. We must each continue to do our part, with honesty, diligence, and love, for our nation’s healing and progress,” he said.
Mr Obi was accompanied by his wife, Margaret, during the pilgrimage, which also included an audience with His Holiness, Pope Leo XIV, at the Vatican City.
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