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.
Oyo State Governor, ‘Seyi Makinde, has renamed The Polytechnic, Ibadan as Omololu Olunloyo Polytechnic, Ibadan, in honour of a late former governor of the State, Dr Omololu Olunloyo.
Dr Olunloyo, who died on April 6, 2025, was the pioneer Principal of the Polytechnic, Ibadan, while he also served as Governor of Oyo State between October 1 and December 31, 1983.
Governor Makinde made the announcement at the state interdenominational funeral service held yesterday in honour of the late former governor at the Obafemi Awolowo Stadium, Liberty Road, Ibadan.
Governor Makinde said Dr Olunloyo lived an eventful life, adding that his attainment and personality could not be summarised in one sentence.
“He was not a man we could summarise in one sentence. He was a scholar, a statesman, a technocrat, a lover of culture and, above all, a man of deep conviction.
“While giving the exhortation, I was listening to Baba Archbishop Ayo Ladigbolu and he said in 1983, Baba became Governor of Oyo State. Though his time in office was brief, his election victory over a popular incumbent remains a powerful testament to the trust people gave him.
“I talked about preserving and digitising his library yesterday [Wednesday] as a mark of honour to Baba Olunloyo.
“Today, we will be giving Baba another honour to immortalise him. He was the first Principal of The Polytechnic, Ibadan; that institution will now be named Omololu Olunloyo Polytechnic, Ibadan.”
Earlier in his sermon, a retired Methodist Archbishop of Ilesa and Ibadan, Ayo Ladigbolu, described the late Olunloyo as a role model with intellectual inspiration and unassailable integrity.
The cleric said the deceased also demonstrated leadership in most superior quality during his lifetime.
In attendance were the state Deputy Governor, Chief Abdulraheem Bayo Lawal; wife of a former Military Governor of the old Oyo State, Chief (Mrs) Dupe Jemibewon; wife of a former Governor of Oyo State, Chief (Mrs) Mutiat Ladoja; former Deputy Governor and PDP Deputy National Chairman (South), Ambassador Taofeek Arapaja; and former Deputy Governor, Hazeem Gbolarumi.
Others were the member representing Ibadan North-East/South-East Federal Constituency, Hon Abass Adigun Agboworin; Chief of Staff to the Governor, Otunba Segun Ogunwuyi; Oyo State Exco members; Chairman of Oyo State Elders’ Council, Dr Saka Balogun; Chairman of All Local Government Chairmen in Oyo State, Hon Sikiru Sanda; President-General of the Central Council of Ibadan Indigenes (CCII), Chief Adeniyi Ajewole; religious leaders and family members, among other dignitaries.
Ten members of the Peoples Democratic Party (PDP) National Working Committee (NWC) have countered the Acting National Chairman, Umar Damagum, on the reinstatement of Senator Samuel Anyanwu as National Secretary.
The dissenting members, led by the Deputy National Chairman ( South), Taofeek Arapaja, in a joint statement, said no organ of the opposition party could overturn the decision of the 99th meeting of the National Executive Committee (NEC).
The dissenting NWC members include Arapaja; Setonji Koshoedo, Deputy National Secretary; Okechukwu Obiechina-Daniel, National Auditor; Debo Ologunagba, National Publicity Secretary; Ologunagba; Woyengikuro Daniel, National Financial Secretary and Ahmed Yayari Mohammed, National Treasurer.
Others are Chief Ali Odefa, National Vice Chairman (South East); Emmanuel Ogidi, Caretaker Committee Chairman (South South); Mrs. Amina Darasimi D. Bryhm, National Woman Leader and Ajisafe Kamoru Toyese, National Vice Chairman (South West).
The group also insisted that contrary to the position of the acting National Chairman, the 100th NEC meeting of the party would be held on June 30 as earlier scheduled.
The statement read: “The attention of the National Working Committee (NWC) of the Peoples Democratic Party (PDP) has been drawn to a press briefing by the acting National Chairman, Amb. Umar Damagum, today Wednesday, June 25, wherein he attempted to overturn the resolution of the 99th National Executive Committee (NEC) meeting which scheduled the 100th NEC meeting for Monday, June 30.
“The acting National Chairman in the said press briefing also reportedly announced that Senator Samuel Anyanwu has been asked to resume as National Secretary of the party contrary to the resolution of the 99th NEC meeting, which referred all matters relating to the office of the National Secretary to the 100th NEC meeting.
“The pronouncements by the acting National Chairman have no foundation as no organ of the party (including the NWC), individual or group has the power to cancel, overrule, veto or vary the resolution of the National Executive Committee (NEC) under the Constitution of the PDP (as amended in 2017).
“For the avoidance of doubt, the NEC is the highest decision-making organ of the party, second only to the National Convention. By virtue of Section 31 (3) of the PDP Constitution, the resolution of the NEC to hold its 100th meeting on Monday June 30, is binding on all organs, officers, chapters and members of the party and no organ, group or individual can vary or veto this resolution of NEC.
“Furthermore, the claim by Damagum that Sen Anyanwu has been asked to resume office as the National Secretary of the party is, therefore, misleading being contrary to the resolution of NEC.
“In the light of the foregoing, the 100th NEC meeting as scheduled for Monday, June 30, has not been canceled or postponed.”
The Special Adviser to President Bola Tinubu on Information and Strategy, Bayo Onanuga, has fired back at former Kaduna State Governor, Nasir El-Rufai, following the latter’s scathing criticism of President Tinubu’s administration and his 2027 re-election prospects.
In an interview on live television, Mallam El-Rufai said it would take a “miracle” for President Tinubu to be re-elected in 2027, citing an internal poll that purportedly shows a 91 percent disapproval rating for the president across key regions in the country, including the South-East and the North. He also claimed that President Tinubu’s disapproval rating in Lagos stood at 78 percent.
Reacting on Wednesday via a post on X (formerly Twitter), Mr Onanuga took a swipe at the ex-governor, quoting a harsh assessment of Mallam El-Rufai’s character from former President Olusegun Obasanjo’s memoir, My Watch.
“Nasir’s penchant for reputation savaging is almost pathological,” Mr Onanuga wrote, citing Chief Obasanjo’s words. “Why does he do it? Very early in my interaction with him, I appreciated his talent. At the same time, I recognised his weaknesses; the worst being his inability to be loyal to anybody or any issue consistently for long, but only to Nasir El-Rufai.”
The presidential adviser emphasised Chief Obasanjo’s remarks that Mallam El-Rufai often tries to elevate himself by diminishing others. “He lied brazenly, which he did to me, against his colleagues and so-called friends,” Mr Onanuga continued, quoting the former President. “I have heard of how he ruthlessly savaged the reputation of his uncle, a man who, in an African setting, was like a foster father to him.”
Chief Obasanjo, who appointed Mallam El-Rufai as the Minister of the Federal Capital Territory between 2003 and 2007, did not mince words in the memoir, describing Mallam El-Rufai as suffering from “small man syndrome.”
Mr Onanuga’s post is seen as a direct rebuttal to Mallam El-Rufai’s recent criticism and growing opposition role. The former governor is reportedly playing a central role in forming a new coalition to challenge President Tinubu in the 2027 general election.
In March 2025, El-Rufai officially dumped the All Progressives Congress (APC) and joined the Social Democratic Party (SDP), intensifying speculations about his 2027 political ambitions.
As the political rift deepens, Mallam El-Rufai remains one of the most vocal critics of the Tinubu administration, while Mr Onanuga and other presidential allies continue to push back against what they describe as “reckless” opposition rhetoric.