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Political Party, Defection And The Law

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Nigeria has had a chequered political history of defection of party members from their party to another right from the pre – colonial administration.

Defection has characterised the political landscape of Nigeria. It is usually normal in politics to defect to another political party. Is the trend healthy for the political development of Nigeria? Does it portend stability for a political party? Does the law regulating political parties activities allow such defection?  What actually is the position of the law on the subject matter? These questions are begging for answer.

But the trend of political defection of politicians from one party to another is quite alarming right from when Nigeria returned to democratic rule in 1999 to now. This is unlike during the famous early morning defection of Convention of Nigeria citizens (NCNC) elected members to the Action Group on the floor of the Western Nigeria House of Assembly in 1951.

Political party defectors are usually regarded as political prostitutes without political principle, morality, conscience and lacking in political ideology to champion the cause of leadership for the well being of the society and political development of the country.

Barrister Jas Awanen adduce reason(s) for cross carpeting or defection of politicians, saying the trend result from personality clash, power tussles, divergent views on the operations of a political party’s philosophy, crisis or division within a given political party, disagreement on party’s position on an issue, realisation of one’s personal political ambition and party leaders reneging on agreed issues of the political party probably on power sharing formula.

During the first Republic, the former Premier of the defunct Western Region of Nigeria, Chief Ladoke Akintola left the then Action Group in a crisis rooted more in personality clash and personal principles of the need for him to move the Yoruba race into the Nigeria’s mainstream politics.

Even within the late Dr Nnamdi Azikiwe political fold the great political philosopher, Dr. Kingsley Mbadiwe defected from the NCNC to form his political party, the Democratic Party of Nigeria in the 50s based on disagreement with the party leaders.

Records also have it that in the old Ondo State during the Second Republic, Chief Akin Omoboriowo, the then deputy governor of United Party of Nigeria (UPN) government of Chief Michael Ajasin defected to join the National Party of Nigeria (NPN) and became its gubernatorial candidate.

However, from 1999 to date many politicians at the local government, state and federal levels had consistently defected from one political party to the other. Some did so abandoning the parties on whose platform they were elected, while others after losing elections found it the best option for them to cross carpet to another political party.

According to Port Harcourt-based legal practitioner, Tami Abbiye-Suku, defection portends danger for the political system.

Politicians should exercise patience and show maturity in the way they play politics,” he said, adding that defection to a ruling party may lead to one party system which is not healthy for the political development of the nation”.

In another breath Abbiye-Suku said “there is great need for political parties to have ideologies, programme, policies which will serve as a compass to their members and discourage them from defecting to another party”.

Meanwhile, some past and serving senators, Governors, House of Representatives members, State legislators, council chairmen and councilors have abandoned their elected political party platform for another on the excuse of factional crisis or division within their political party.

In the senate, Dr Wahab Dosunmu, Senator Adeseye Ogunlere and Senator Musulius Obanikoro all elected on the platform of Alliance of Democracy (AD) Lagos State defected to join the ruling Peoples Democratic Party (PDP). Chief Arthur Nzeribe (Imo), Senator John Nwanunu (Abia) Dr Usman Kadir (Kogi) the trio defected from the All Nigeria People Party (ANPP) to join the Peoples Democratic Party (PDP).

Besides Senator Satti Gogwin, Action Congress (Plateau) defected to join the ruling party (PDP), while Senator Iyiola Omisore former deputy governor of Osun State on the platform of Alliance for Democracy defected to join the PDP and became elected senator of the party.

In Abia State, Comrade Uche Chukwuemerijie elected on the ruling Peoples Democratic Party platform defected to the pregressive People Alliance (PPA). Chief Sergeant Awuse former chairman Board of  Directors, federal Airport Authority of Nigeria (FAAN) defected from the ruling party to become the Gubernatorial candidate of Democratic Peoples Party (DPP)  Alhaji Attahiru Bafarawa former Governor of Sokoto State on the platform of All Peoples Party (APP) left to form the DPP and became its presidential candidate in 2007 general election even as Chief Orji Kalu left the ruling People  Democratic Party to form the Progressives Peoples Alliance (PPA) and became its presidential candidate.

Recently a third term senator Patrick Osakwe representing Delta North defected from the Peoples Democratic Party (PDP) for Accord Party. Not long enough, the elected senator also abandoned AP and defected to the Peoples Democratic Party again alleging division within the party.

But the National Legal Adviser of the Accord Party, Barrister Sikiru Oke said, Senator Osakwe by his action disregarded the party’s constitution and laid down procedure and rules of doing things in an organised society.

The senator was accused of instigating, sponsoring crisis within party as justification for his despicable act.

The incumbent Governor of Ondo State, Dr. Olusegun Mimiko was once the SSG of Ondo State government and former minister under the ruling Peoples Democratic Party. He defected to the labour part, at the turn up of events became the State Governor.

The governor of Imo State, chief Ikedi Ohakim who contested the primaries of PDP and got only three votes. Later he defected to the Progressive Peoples Alliance and became its gubernatorial candidate. He was eventually  elected the governor but after defected from PPA back to PDP. Even the governor of Bauchi State and former minister defected from PDP to ANPP to be elected governor of Bauchi only to move back to PDP.

Abbiye-Suku explained that the trend shows the despicable chameleon character of Nigeria politicians and struggle for political relevance without any conscience and political ideologies as a driving force while they are in politics”.

He called on Nigeria’s politicians to show some level of principle rather than ambition. However, what is the position of the law on defection  Zamfara State, the defection of the state governor, Alhaji Aliyu Shinkafi and his deputy Mukhtar Anka from the All Nigeria Peoples Party (ANPP) to the Peoples Democratic Party (PDP) was challenged in court by the leadership of the ANPP.

But in a landmark judgement delivered by the Federal High Court, Gusau Division presided over by Justice Adamu Bello, the suit was dismissed on the ground that the action of the governor and his deputy was not illegal going by the provisions of the 1999 constitution.

Section 177 of the 1999 constitution clearly states that a person shall only be qualified for election into the office of the governor of the state if he is a member of a political party and sponsored by a political party. The same 1999 constitution did not state that such a person cannot leave that party after achieving electoral victory.  This is only in respect of an elected governor.

In the decided case of Abubakar Atiku VAGF the supreme court held that a person sponsored by a political party to power could leave the same party to another without breaching any section of the constitution.

But in respect of elected senator, House of Representative members and state legislators the 1999 constitution specifically in section 68(1)(g) and (2) and 109ig) (2) only makes provisions for the tenure of members of the legislature and not that of the executive.

The provisions clearly state that a state or federal lawmakers must vacate his or her seat after defecting to another political party, member of the Senate or House of Representative shall vacate his seat in the House of which he is a member if (g) being a person whose election to the House was sponsored by a political party before the expiration of the period for which that house was elected provided that his membership of the latter political party is not as a result of a division in the political party of which he was reviously a member or of a merger of two or more political parties or faction by one of which he was previously sponsored”.

This provision has been explored by elected legislators to defect from their political party to another. Even it is evident that the constitution stipulated that one can leave a political party on the ground of factional crisis within a given political party.

However, one manifestation of the history of defection on the Nigeria’s political landscape is that a preponderance of those who defect do so in favour of the ruling political party in power either at the centre or state level.

This situation portends great danger for sustainable democracy and if left unchecked could move the nation towards a drift of one political party system without any viable opposition to act as check  on the ruling political party.

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2025 Budget: Reps Dismisses Bribery Allegations 

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The House of Representatives has dismissed claims that some federal lawmakers demanded bribes from Vice-Chancellors of Federal Universities to approve their 2025 budget allocations, describing the report as false and misleading.

In a statement issued yesterday, the spokesman for the House, Akin Rotimi, said the publication was a deliberate attempt to tarnish the reputation of the legislature.

“The 10th House of Representatives is firmly committed to transparency, accountability, and the highest ethical standards in all its legislative activities. These values form the bedrock of our operations. It is, therefore, imperative to address the baseless and sensational allegations in the report, which appear to be part of a deliberate attempt to undermine the integrity of the House and erode public trust in this hallowed institution,” the statement read in part.

Rotimi explained that the budget process follows a constitutionally guided and transparent procedure, emphasizing that the 2025 Appropriation Bill was presented by President Bola Tinubu before a Joint Session of the National Assembly in the presence of key government officials and the public.

He further noted that some Vice-Chancellors had failed to appear for their budget defence sessions, despite being constitutionally required.

“This disregard for the legislative process not only impedes legislative oversight and undermines the principles of accountability but also demonstrates a lack of respect for the parliament and the Nigerian people.

“Furthermore, it is a matter of public record that some of these institutions have pending audit queries from the Office of the Auditor-General of the Federation and have consistently failed to appear before the House Committee on Public Accounts to clarify these issues. This evasion raises concerns about their governance practices and financial stewardship,” he added.

Rotimi also accused some university administrators of attempting to evade scrutiny by making baseless allegations.

He noted that recent oversight visits by the House Committee on University Education had uncovered troubling governance practices in certain institutions, adding that preliminary findings pointed to serious malfeasance requiring thorough investigation.

While commending university administrators who have complied with due process, the House said the actions of a few attempting to evade accountability would not go unnoticed.

The statement also took a swipe at the news platform that published the bribery allegations, accusing it of failing to uphold journalistic ethics.

“The news platform has failed to uphold the principles of balanced journalism. The report in question lacks any diligent investigative effort as they would want people to believe, and instead amplifies fabricated narratives by individuals seeking to evade accountability.

“Unfortunately, the medium, which has become the preferred outlet for such baseless sensationalism, did not seek a reaction from the House Spokesman before publishing the story, undermining its credibility and professionalism. A reaction was only requested on Monday, two days after the story had already gone public,” the statement read.

The House urged anyone with credible evidence of misconduct to present it to the appropriate authorities, including the House Committee on Ethics and Privileges or anti-corruption agencies like the Independent Corrupt Practices and Other Related Offences Commission.

Reiterating its commitment to transparency and good governance, the House said it would not be distracted by baseless allegations.

“We call on all stakeholders, particularly the media, to approach their responsibilities with integrity, professionalism, and a commitment to nation-building. Together, we can strengthen our democracy and promote a more accountable and transparent governance system,” it added.

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PDP Governors’ Forum Pays Condolence Visit To Makinde …Over Demise Of Elder Brother

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Rivers State Governor, Sir Siminalayi Fubara, was in Oyo State on yesterday, to commiserate with the State Governor, Engr Seyi Makinde, over the demise of his Elder Brother, Engr Sunday Makinde.

 

Governor Fubara was on the trip with the Bauchi State Governor, Senator Bala Mohammed, on behalf of the Peoples Democratic Party (PDP) Governors’ Forum.

 

Speaking at the visit, Chairman of PDP Governors’ Forum and Governor of Bauchi State, Senator Bala Mohammed, said they were in Oyo to condole with him and his family over the loss of Engr Sunday Makinde.

 

Senator Mohammed, who described the demise of Engr Makinde as a huge devastation to the family, however, urged the Oyo Governor to take consolation in the fact that all mortals will one day return to God, noting that his Elder Brother while on earth, contributed his quota to the growth and development of the country and left indelible footprints in the sands of time.

 

He said, “Your Excellency, we are here on behalf of the PDP Governors’ Forum to commiserate with you, to condole you over the loss of your elder Brother, Engr Sunday Makinde. We saw the news in the media, and we spoke on the phone, but in our tradition in Africa, we have to come to show you solidarity.

 

“We know the devastation is huge. We know you to be a strong character, strong person, you will bear all these losses. As a man of God, you know we are all here temporarily. We will all go back to our Creator. That is why we are consoled that your brother gave us a good name and for the country before he retired meritoriously. So, you should be consoled that this man came and conquered and contributed positively to the growth and development of Nigeria.”

 

The Chairman of the PDP Governors’ Forum, admonished Governor Makinde to see the demise as one of life’s irreparable losses, and bear it with courage, just as he assured him of the PDP Governors’ support, and prayed God to grant the soul of the deceased eternal rest in His bosom.

 

He added, “So, on behalf of my colleagues, especially my brother who had had to come from Rivers to Bauchi to pick me, that shows how important you are. We have come to commiserate with you and the family, and say please, take this as one of those irreparable losses, and exercise patience and have the courage to bear it.

 

“Please, don’t be left with any doubt that we are with you. May God give our brother a repose in the bossom in the Lord. May you as a family and siblings have mercy from God so that they can even do better than what you have done, including us,” he noted.

 

Responding, Oyo State Governor, Engr Seyi Makinde, noted how painful the death of his elder brother, Engr Sunday Makinde, was to the family at the age of 65 after retirement, as he was expected to settle down and enjoy life.

 

He described the demise as sudden, as according to him, his brother fell from the bathroom, but could not be revived by doctors, saying they cannot question God, but have taken to heart that He is the giver and receiver of life.

 

He added, “We thought our elder brother is just about to start life because he was just 65. We thought after going all over the world and settling down, this is the time for him to take some rest. But we cannot question God. We have to accept that God giveth and taketh without asking from anybody any form of validation.

 

“It is also painful for us because it was quite sudden. He fell in the bathroom and was rushed to the hospital, but they couldn’t revive him.”

 

Governor Makinde thanked the PDP Governors for the visit, which he noted, meant a lot to his family, and prayed God to grant the family members long life on earth before answering the clarion call of God.

 

He said, “But this visit means a lot to us. So, I want to also on behalf of the people and Government of Oyo State, thank you for the visit. Our prayer is that we don’t want to use this kind of visit as a payback. I pray that in our various families, people will grow old before God calls them back.”

 

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Same Faith Ticket, CAN Yet To Decide For 2027

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The leadership of the Christian Association of Nigeria (CAN) in the North has not yet decided its stance on the 2027 general elections, should the ruling All Progressives Congress (APC) present a Muslim-Muslim ticket again.
Ahead of the 2023 general elections, Christian leaders across the country rejected the all-Muslim presidential ticket of the APC, arguing that the move would further polarise Nigeria along religious lines.
However, on Saturday, January 25, 2025, the Chairman of Northern CAN, Rev. Yakubu Pam, commended President Bola Tinubu for ‘demonstrating inclusive governance.’
Rev. Pam, who opposed President Tinubu’s Muslim-Muslim ticket in 2023, said inclusivity, for which he praised president, is the most essential aspect of government.
“For me, the most important thing is a government that is inclusive, and as far as they have done Muslim-Muslim ticket, we have also seen reasonable inclusiveness,” he said.
However, while speaking on a live television programme yesterday morning, the Northern Christian leader said Christians in the North would like to take the Vice President position in 2027.
When asked if he would support an all-Muslim ticket should the President decide to retain Vice President Kashim Shettima as his running mate, Rev. Pam sidestepped the question, saying the association was not yet focused on the 2027 general elections.
“Let me say it very clear to you that we, as Northern Christians, will advocate for the position of Vice President if the President is a Muslim from the South. We will never stop that; that is very clear. We also know that our members are in different parties; Northern CAN is not APC, not PDP, not LP; Northern CAN members are all over the parties in this country, and therefore, we are just talking about one party, and I think our main focus is the administration that is ongoing and that is why we voiced (out) the level of inclusiveness.”
Pressed to disclose his position if the President? ?whom he recently praised for inclusiveness? decides to run with Vice President Shettima in 2027, Rev. Pam said CAN would come up with its position when the time comes.
“If he says no, CAN would have a position. Apart from northern CAN, national CAN would have a position. We will have a position that would be announced by 2027; we have not yet reached 2027,” he said.

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