A Senior Advocate of Nigeria, Mr. Femi Falana, explained that defection by legislators, which was a common practice in the first republic, had been prohibited by the 1999 Constitution.

Falana cited the case of Abegunde vs Ondo State House of Assembly (2014) LPELR 23683 whereby the appellant, a member of the House of Representatives defected from the Labour Party to the Action Congress of Nigeria.

He said, “In justifying his defection, the appellant claimed that the Labour Party in Ondo State was factionalised. Since the division of the Labour Party was limited to Ondo State.

“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.

“Relying on the case of Atiku Abubakar vs Attorney General of the Federation (2007) 4 SC (part ii) 62 the Supreme Court 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.

“Otherwise the defector automatically loses his seat. From the clear and unambiguous pronouncements of the apex court, a division in a political party envisaged by the constitution cannot be a figment of the imagination of prospective defectors. The division must make it practically impossible for the party to function.”

vanbonattel:
Falana is right, APC was completely shattered and scattered to the extent that Oshiomole was the acting president while buharri and Osinbajo were rendered redundant in aso rock.

Oshomole was even controlling ministers and sanctioning them to report to him. Saraki defection is therefore justified by law.

“The Supreme Court 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.”

seunmsg:
This is the point those shouting about constitutionality refused to take into account. According to our constitution, Saraki and other decampees lost their senate seat the day they decamped to another party.

Dreamkiller:
Femi Falana should explain the word DIVISION from that law to us. because that division is not defined. The party can be divided in many ways and that can cause any one to defect to another party.

seunmsg:




“Relying on the case of Atiku Abubakar vs Attorney General of the Federation (2007) 4 SC (part ii) 62 the Supreme Court 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.

“Otherwise the defector automatically loses his seat. From the clear and unambiguous pronouncements of the apex court, a division in a political party envisaged by the constitution cannot be a figment of the imagination of prospective defectors. The division must make it practically impossible for the party to function.”

vedaxcool:
Clearly APC should have sued Saraki when he perpetuated the first fruad alongside PDP by voting without the assembly fully inaugurated. Clearly there is no factionalization at the national level of AP. Their actions are illigal. APC should sue for the courts to declare their seats vacant.

Defenders of democracy should follow obeg simple constitutional provisions.

seunmsg:
This is the point those shouting about constitutionality refused to take into account. According to our constitution, Saraki and other decampees lost their senate seat the day they decamped to another party. Since Saraki is the latest advocate for the constitution and our democracy that they say is in danger, we should all tell him to democratically vacate his seat in accordance with the constitution. An artificially created r-APC that already signed up with CUPP or whatever that contraption is called did not make it mpossible or impracticable for APC to function. So, there is no justification whatsoever for the defection.

FOLYKAZE:




Have we considered there is R-APC primary birthed to legally smoothen their defection? This is what they did in PDP and same thing playing out in APC.

I am just scared Saraki would use that party faction clause to declare Akpabio seat vacant, and battle APC in court by arguing that R-APC is a faction of APC. With that, the case is lost

PaChukwudi44:
Go to court or STFU

seunmsg:


The supreme court had since cleared the controversy as to what constitute a division in a political party. r-APC was never a faction of APC. For a division to occur, there must be fractionalization or fragmentation that makes it impossible for the party to function at the national level. The above never happened to APC.

A good example of a party division was what happened to PDP before the supreme court decided the matter between Ali Modu Sheriff and Makarfi. There was a serious fragmentation from the top to the ward to the extent that the party could no longer operate at the national level.

seunmsg:


The supreme court had since cleared the controversy as to what constitute a division in a political party. r-APC was never a faction of APC. For a division to occur, there must be fractionalization or fragmentation that makes it impossible for the party to function at the national level. The above never happened to APC.

A good example of a party division was what happened to PDP before the supreme court decided the matter between Ali Modu Sheriff and Makarfi. There was a serious fragmentation from the top to the ward to the extent that the party could no longer operate at the national level.

FOLYKAZE:


Let see how APC legal team deal with the issue.

I need you to address this question please. Can Saraki declare Akpabio seat vacant?

seunmsg:


Politicians can take any desperate measure to cling on to power. However, I don't think he will take his madness that far. It would backfire on him and he knows it.

seunmsg:
This is the point those shouting about constitutionality refused to take into account. According to our constitution, Saraki and other decampees lost their senate seat the day they decamped to another party. Since Saraki is the latest advocate for the constitution and our democracy that they say is in danger, we should all tell him to democratically vacate his seat in accordance with the constitution. An artificially created r-APC that already signed up with CUPP or whatever that contraption is called did not make it mpossible or impracticable for APC to function. So, there is no justification whatsoever for the defection.

FOLYKAZE:
I watched a brilliant young lawyer arguing on the same premises as Falana. And the guy even quoted from the 1999 constitution and reference the Supreme Court judgement on precedence. The fact is that these politicians know their way round all the loopholes in our constitution and they are taking advantage of that.

Firstly, according to the law, the mandate of a political officer belongs primarily to the political platform and another round belongs to the people.

Secondly, the constitution made it clear that no political office holder can decamp to another political platform unless in case the former platform has broken into many factions.

Thirdly, in case there is no factions, the party who owns the mandate, has the power to charge the defected candidate to court and see that the seat is declared vacant. For the people, they can recall politicians they ain't pleased with.

Because of the illustration above, Politicians create an artificial rancour within the party which degenerate into factions. We had the brains of NPDP in 2014. The same brain financed R-APC so that they can pave their way out of APC legally.

I am convinced that Saraki financed and mastermind the birth and development of R-APC. The aim is achieved as they can argue that APC is factionalised. APC will have a very long way to go before they can win the case.

R-APC should be dismantled. They have no genuine reason why they should factionalise. The only way to fight the war is to Impeach Saraki and Ekweremadu before the duo play the fast one on Akpabio

midolian:


https://punchng.com/constitutional-provisions-for-defection-falana/
A Senior Advocate of Nigeria, Mr. Femi Falana, explained that defection by legislators, which was a common practice in the first republic, had been prohibited by the 1999 Constitution

With this said, should defectors lose their seats?


Lalasticlala

I guess SAN and activist Mr. Femi Falana lost his voice during Tambuwal's defection

I am beginning to lose the trust in this man's ability to interpret the law!

Is he being pressured Why is he speaking from the both sides of his mouth