By Ben Young
The Human Rights Writers Association of Nigeria (HURIWA) has called for the strict enforcement of the constitutional provision which says that legislators that cross from the political parties under which they were elected to parliament should automatically lose their seats.
In a statement issued in Abuja and signed by the National Coordinator of the organisation, Comrade Emmanuel Onwubiko, it strongly denounced the growing trend of lawmakers abandoning the political parties under which they were elected to join the ruling All Progressives Congress (APC).
According to the group, this practice does not only violate constitutional provisions but also undermines the integrity of Nigeria’s democracy.
“Section 68(1)(g) of the 1999 Constitution (as amended) explicitly mandates that a legislator shall vacate his seat if he defects from the party that sponsored his election unless such defection is due to a division within the party or a merger. Despite this clear directive, numerous lawmakers have switched allegiance to the APC without valid justification, thereby defying the law.”he noted.
The association alleged that the Presidency and the APC leadership in the National Assembly have facilitated mass defections by offering financial and political incentives to lawmakers.
Whitewatersdigest.com could not independently verify this allegation.
“This trend undermines democracy and diminishes the capacity of the opposition to hold the government accountable,” HURIWA stated.
HURIWA emphasized that the exodus of lawmakers from opposition parties compromises legislative oversight, a key component of democratic governance.
The association called on the Independent National Electoral Commission (INEC) and the judiciary to enforce the rule of law by declaring the seats of defectors vacant, in accordance with constitutional provisions.
“Since the current administration took office, there has been a wave of high-profile defections. These include Late Senator Ifeanyi Ubah, who defected from the Young Progressives Party (YPP) to the APC in October 2023, citing “irreconcilable differences” within his party.
“Similarly, Ezenwa Onyewuchi, representing Imo East Senatorial District, left the Labour Party for the APC in July 2024, attributing his decision to alleged internal crises within his former party.
“Another notable case is that of Ramalan Yero, a former governor of Kaduna State, who defected from the Peoples Democratic Party (PDP) to the APC in February 2024. In December 2023, twenty-seven lawmakers from the Rivers State House of Assembly also defected to the APC, claiming their decision stemmed from a feud within the PDP involving Governor Sim Fubara and former Governor Nyesom Wike, now the Minister of the Federal Capital Territory,” HURIWA stressed.
HURIWA also highlighted the defection of Prof. Ahmed Alkali, former National Chairman of the New Nigeria People’s Party (NNPP), who joined the APC in October 2023 alongside other NNPP chieftains. The association lamented that these defections reflect systemic flaws in Nigeria’s political structure, where party loyalty often takes a backseat to personal ambition.
HURIWA underscored that Section 68(1)(g) of the Constitution is clear about the conditions under which lawmakers can defect without forfeiting their seats. The Supreme Court has affirmed this provision in several rulings, noting that defections are only justified in cases of internal division or party mergers.
The association pointed out that most of the cited reasons for defection, such as “court cases” or “incessant tussles,” do not meet the constitutional standard.
“For instance, Hon. Esosa Iyawe’s reasons for defecting from the Labour Party to the APC were deemed insufficient by HURIWA to justify his action under the law” it noted.
HURIWA called on INEC to take immediate steps to enforce constitutional provisions by declaring the seats of defecting lawmakers vacant and organizing fresh elections to fill these positions. The association also urged the National Assembly to prioritize adherence to the Constitution rather than succumbing to political pressures.
The group warned that failure to address these unconstitutional defections would embolden more lawmakers to flout the law, further eroding public trust in Nigeria’s legislative institutions. “The Labour Party’s proposal to create a ‘Hall of Shame’ for defectors is commendable but must be complemented by robust legal action,” HURIWA remarked.
