Defection can be described as a term whereby a member of a political party decamps from his party to another party.
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For the avoidance of doubt, the1999 constitution of the Federal Republic of Nigeria(as amended) recognizes the right of politicians to change platforms but this has to be done within the province of the law.
History of defection in Nigeria
In 1951 the first celebrated cross carpeting episode occurred in Nigeria; which consequently robbed Dr. Nnamdi Azikiwe the chance to lead the government’s business of Western Nigeria. This happens to be the most celebrated cross carpet episode in Nigeria. Yoruba members of the National Council for Nigerian and the Cameroon (NCNC) were lobbied to cross over to the Action Group (AG) to stop Dr. Nnamdi Azikiwe, an Igbo man, from becoming the premier of Western Region. This heralded the massive cross over to the AG. As the leader of the NCNC, Azikiwe was to be the Premier of Western Nigeria following the elections of 1951 with Chief Obafemi Awolowo, a Yoruba man and the leader of Action Group, as the leader of the opposition in the Regional House of Assembly. The NCNC won 42 seats out of 80, but within 24 hours 20 of them had cross carpeted to AG.”
Effects of defection in the executive arm of government
The Constitution is silent on defection by the President and state governors and their running mates from the political parties which sponsored their election. Hence, in Atiku V Attorney General of the Federation (2007) 4 SC (Pt II) 62 the Supreme Court held that the defection of the appellant from PDP to the former Action Congress of Nigeria was not illegal and unconstitutional.
On the basis of that judicial authority the decision of governors to dump the political parties which sponsored their elections was not challenged.
Effect of defection in the legislative arm of government
Defection by legislators, which was a common practice in the first republic, had been prohibited by the 1999 Constitution. Thus, the community reading of section 68(1)(g) and section 109(1)(g) is of the effect that once a member of a political party is elected under the platform of a political party and defects the member is bound to vacate that seat because it belongs to the party that brought him/her to the house as this has been judicially furnished in the case of AMAECHI v OMEHIA when the Supreme Court declared that the electoral mandate belonged to the party and not the candidate.
However, there is an exception created by that proviso as this has been given judicial blessing in the celebrated case of Abegunde v Ondo State House of Assembly (2014) LPELR 23683 where the appellant, a member of the House of Representatives defected from the Labour Party to the Action Congress of Nigeria.
Relying on the proviso that created the exception,the appellant claimed that the Labour Party in Ondo State was factionalised. Since the division of the Labour Party was limited to Ondo State.
Thus, The Supreme Court held that the division did not affect the party at the national level to justify the defection. It was therefore decided that the appellant had lost his seat in the House of Representatives. The court further held that it is only a division, factionalisation or fragmentation that can make it impossible or impracticable for a party to function, that can justify the defection of a legislator from one party to another.
Written by Taofik Waliu Opeyemi, A student of law in University of Ilorin
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