Defection can be described as a term whereby a member of a political party decamps from his party to another party.

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

Follow Our WhatsApp Channel _______________________________________________________________________

“Order Justice Omolaye-Ajileye’s Electronic Evidence Books Now” — Essential Guides On Evidence Act, Case Law And Digital Proof

Two leading books on electronic evidence by Hon. Justice Professor Alaba Omolaye-Ajileye, Rtd., PhD, FICMC, are now available for purchase. The publications, Electronic Evidence (Second Edition), With The Evidence Act, 2011 and Compendium Of Cases On Electronic Evidence, Volume II, 2020–2025, provide practical guidance, legal analysis and recent judicial authorities on electronic evidence in Nigeria.Order directly from the author here: https://velvety-cendol-7387ed.netlify.app/ _______________________________________________________________________

[A MUST HAVE] Evidence Act Demystified With Recent And Contemporary Cases And Materials

“Evidence Act: Complete Annotation” by renowned legal experts Sanni & Etti.

Available now for NGN 40,000 at ASC Publications, 10, Boyle Street, Onikan, Lagos. Beside High Court, TBS. Email publications@ayindesanni.com or WhatsApp +2347056667384. Purchase Link: https://paystack.com/buy/evidence-act-complete-annotation

______________________________________________________________________ “Enhance Legal Practice With Authoritative Reports” — Alexander Payne Offers Comprehensive Law Reports, Spanning Over A Century Of Nigerian Jurisprudence

Interested buyers are encouraged to place their orders and enquiries via: 0704 444 4777, 0704 444 4999, 0818 199 9888 Website: www.alexandernigeria.com

______________________________________________________________________ Groundbreaking Guide For Lawyers: Adigwe Publishes ‘Artificial Intelligence For Lawyers’ With Free Research eBook The book also examines Nigeria's legal ecosystem, focusing on the LPELR and NBA AI Guidelines. As a bonus, every purchase comes with a FREE eBook titled: How to Use the AI Features in LegalPedia and LawPavilion. Ohio Books Ltd praises the publication, stating: "....this is the only Nigerian book I know of on the topic." How to Order: 📞 Call, Text, or WhatsApp: 08034917063 | 07055285878 📧 Email: benadigwe1@gmail.com 🌎 Website: www.benadigwe.com Ebook Version: Access it directly online at https://selar.com/prv626 Authored by Ben Ijeoma Adigwe Esq., ACIarb (UK), LL.M, Dip. in Artificial Intelligence, Director at the Delta State Ministry of Justice, Asaba, Nigeria. ______________________________________________________________________