Why Defection invalidates the Mandate.

By Isaac Adebayo

08147018548

The Gale of Defections and cross carpeting of Nigerian Politicians from one Political party to another has become so cruddy, nauseating, and repulsive to rationality. These Nigerian Politicians have unashamedly made Political prostitution their stock In trade, jumping from one Political ship to another in the pursuit of their selfish political ambitions, and in flagrant disregard for constitutional provisions. Though defections are as old as the Nigerian Political system, it is illegal and immoral.

Regrettably, the Nigerian Judiciary which is empowered to interpret the laws of the land and declare such actions illegal has not woken up to its responsibility, until of course, of recent.
It could be recalled that the Federal high court in Abuja two weeks ago sacked the Executive Governor of Ebonyi State, Engr Dave Umahi, and his Deputy, who defected from the Peoples Democratic Party to the All Progressives Congress. The learned Presiding Judge ordered INEC to issue certificates of return to candidates nominated by the party that won the election in 2019, which is the PDP.

Also, just yesterday, the Same Court axed 20 lawmakers of the Cross Rivers State House of Assembly for defecting from the PDP to the APC.

The Constitution is very clear and unambiguous on the only condition upon which a candidate elected on the platform of one Political party can switch allegiance to another party and cease to be a member of his former party. Section 68 (1) (g) of the 1999 constitution provides thus
" A member of the Senate or the House of Representatives shall vacate his seat in the house of which he is a member of -
"being a person whose election to the house was sponsored by a Political party, he becomes a member of another 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 previously a member or of a merger of two or more Political parties or factions by one of which he was previously sponsored....."

Thus, a candidate is only deemed to have legally defected from his Political party to another if there is a grave division or faction within his previous Political party or there is a merger. The candidate will then have to resign and request a fresh mandate from the electorate. In this case, there is no grave division within the PDP as at when Umahi, his Deputy, and the 20 members of the Cross Rivers State House of Assembly defected to the APC.

Moreso, Section 221 and 222 of the 1999 Constitution made it unequivocally clear, that there shall be no independent candidate for any election. Therefore the only vehicle by which a candidate can be elected into office In Nigeria is through a Political party

It would therefore be constitutionally wrong for a person who was not sponsored by one Political party to defect and become a member of another Political party before the expiration of the period he was elected
The Constitution is put in grave danger and jeopardy when the will of the electorate who voted for a Political party can be brazenly Merchandized by Candidates without consequences.

Consequently, Other Political actors who have taken the infamous defection route to protect their selfish Political interests should be ready to vacate their offices soonest as their continued occupation of office will be a brazen breach of the provisions of 179 (2) a & b of the Constitution.

In conclusion, The Nigerian Political system should embrace values, ideologies and respect for the rule of law, as obtainable in advanced democracies, if our polity will enjoy the beauty of the Democratic system.

INEC is the problem here. INEC should immediately withdraw all those certificates of return and issue fresh ones to PDP. There is nothing to debate here especially for Senators, HOR and state assembly members.