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.
In a statement issued on Wednesday, December 31, 2025, and signed by its National Publicity Secretary, Mr Obiora Ifoh, the party said it had taken note of Mr Obi’s defection alongside some of his supporters, as well as what it called a “lacklustre speech” delivered by the former Anambra State governor at the defection event.
“We wondered what new he intends to sell to Nigerians,” the party said, adding that it was not surprised by the move, having “since September 2024, parted ways with Peter Obi and some of his blind supporters in the National Assembly.”
According to the statement, the faction said it had patiently awaited Mr Obi’s exit, describing it as a blessing.
“The party is finally liberated by this defection and as party leaders, we count it as a blessing,” the party said.
The faction further disclosed that it had previously urged Mr Obi and his supporters to leave if they were unable to work with the party leadership.
It claimed that several lawmakers had been suspended for anti-party activities and that similar action would have been taken against Mr Obi but for the intervention of “some well-meaning Nigerians.”
It also blamed its internal crisis on Mr Obi and Abia State Governor, Dr. Alex Otti, accusing them of sponsoring what it described as an insurrection against the Julius Abure-led leadership.
“The crisis we had in the Labour Party was caused by Peter Obi and the Abia State governor, Alex Otti,” the statement alleged, adding that it was surprising Dr Otti had not followed Mr Obi out of the party despite his suspension.
Reacting to Mr Obi’s defection event in Enugu, the faction claimed the gathering was largely boycotted by prominent political and traditional institutions in the South East, insisting that those present were “political spent forces who cannot win in their wards should there be an election today.”
It warned that this development signalled the failure of any future Mr Obi presidential or vice-presidential ambition, claiming he had “clearly lost the charm that had endeared him to the people prior to 2023.”
The faction also accused Mr Obi of misleading the South East during the 2023 elections, alleging that the region suffers political marginalisation under President Bola Tinubu’s administration as a result.
“He must be told that the South East lost out completely in President Ahmed Tinubu’s government because they trusted and believed in him in 2023,” the statement said, alleging disparities in ministerial appointments and infrastructure allocation to the zone.
The Abure-Led LP apologised to Nigerians for its decision in the last election.
“We gave Nigerians a candidate we thought was good for the nation in 2023, but time has since proved that we made the greatest political mistake. We plead for forgiveness from Nigerians,” the party said.
It urged Nigerians to watch out for a rebranded Labour Party, promising to present “the best prospect” capable of returning Nigeria to what it described as its “glorious days.”
steadily toward unity, justice, and shared prosperity”, he said.
Speaking to journalists on Wednesday at his country home in Ikere-Ekiti, Dr Oluyede said the development came as a shock, stressing that INEC supervised and monitored the PDP governorship primary that produced him as the party’s candidate.
According to him, INEC officials documented the process, completed all required forms, and even affirmed his candidacy in court through sworn affidavits arising from cases linked to the primary election.
He maintained that no court order or injunction currently restrains INEC from listing his name as the PDP candidate, arguing that the electoral body lacks the constitutional power to determine who emerges as a party’s nominee.
Dr Oluyede described such decisions as the exclusive responsibility of political parties, not the electoral umpire.
While playing down panic over the released list, Dr Oluyede noted that electoral processes often involve reviews and corrections.
He disclosed that he had commenced wide consultations, including engagements with PDP leadership and formal correspondence with INEC, to seek clarification on the omission and determine the next line of action.
The PDP candidate assured his supporters across Ekiti State that he would appear on the ballot, expressing confidence that the situation would be resolved in his favour.
He described attempts to exclude candidates from elections as dangerous and undemocratic, warning that such tactics undermine the people’s right to freely choose their leaders.
Dr Oluyede called on the people of Ekiti to reject any form of disenfranchisement, insisting that elections should be contests of ideas, records, and acceptance by the electorate rather than exclusionary maneuvers.
He also declared that the PDP in Ekiti had resolved its past internal crises and was now united, focused, and ready to win the forthcoming governorship election.
He urged party members and supporters to remain calm and focused, expressing optimism that, with divine grace and the will of the people, the PDP would emerge victorious at the polls.
Mr Obi spoke while formally declaring for the African Democratic Congress (ADC) at a well-attended event in Enugu on Wednesday, where he outlined what he described as a fresh roadmap for rescuing the country from its socio-economic challenges.
Addressing party members, supporters and other stakeholders, the former governor stressed that leadership must be driven by integrity and accountability, warning against the culture of double standards in public office.
“We cannot continue to deceive our people. Leadership is about telling the truth and leading by example. You cannot promise one thing in public and do another in private. That is not leadership, and that is not the change Nigeria needs”, Mr Obi said.
He maintained that genuine national rebirth would only be possible if entrenched wrongs were corrected, adding that governance must be guided by competence, discipline and a clear sense of purpose.
Mr Obi also underscored the need for fresh thinking in the nation’s political space, urging political actors to move away from recycled ideas that have failed to deliver sustainable development.
“We must come with new ideas,” he said, adding that “Nigeria’s problems are not mysterious; what has been lacking is the courage and competence to address them differently. We need a new approach that puts people first and focuses on production, not consumption.”
Calling for a broad based political collaboration, Mr Obi appealed to parties and stakeholders across ideological divides to work together in the national interest.
“This country is bigger than any party or individual. All parties must come together to change the present trend. What matters is not the platform, but the future of Nigeria and the wellbeing of its citizens”, he declared.
Looking ahead to the 2027 general elections, Mr Obi challenged aspirants seeking elective offices to ensure transparency in their credentials, warning that the era of falsified certificates was drawing to a close.
“Anyone contesting for any position in 2027 must come with genuine certificates. All the machinery is now in place to verify what is genuine and what is not. Integrity must start from the very foundation of leadership”, he stated.
Drawing lessons from international development models, Mr Obi cited Rwanda and Indonesia as examples of countries that rose from difficult beginnings to become thriving economies through disciplined leadership and sound policies.
“These countries were once behind us,” he noted, adding that “Today, they are moving ahead because they chose competent leadership, clear vision and policies that support local production and human capital development.”
He also criticised the economic policies of the present administration, particularly the continued importation of food items that can be produced locally, describing such practices as inimical to national development.
“You cannot grow an economy by killing local production. Importing food that we can produce in Nigeria destroys jobs, weakens our farmers and drains our foreign exchange. A serious country must produce what it consumes”, he argued.
The event featured renewed calls from ADC supporters for sustained engagement and mobilisation, as Mr Obi reiterated his belief that Nigeria remains redeemable if led with honesty, competence and a commitment to shared national progress.
In his remarks, the National Chairman of the ADC, Senator David Mark, expressed confidence in the emerging coalition, assuring Nigerians that the party would deliver good governance at all levels of administration if entrusted with power.
The gathering also witnessed the defection of several prominent politicians from different political parties across the South-East and beyond.
The motion endorsing the defection was moved by a former Deputy Speaker of the House of Representatives, Chief Emeka Ihedioha, and seconded by former economic adviser to ex-President Olusegun Obasanjo, Prof. Osita Ogbu.
Goodwill messages from notable political figures, including Senator Enyinnaya Abaribe, Mrs. Aisha Yesufu, Chief Sam Egwu, Dr. Okwesilieze Nwodo, Chief Achike Udenwa, Mr Onyema Ugochukwu and Senator Gilbert Nnaji among others, further underscored the growing momentum within the ADC.