Divergent Legal Opinions on Political Party Defection
Senior Advocates of Nigeria and former Resident Electoral Commissioners of the Independent National Electoral Commission have expressed conflicting views on whether candidates who lost party primaries can switch to another political party and still contest elections under the Electoral Act 2026.
This debate has arisen following recent judgments by the Federal High Court regarding the interpretation of provisions related to party membership registers, submission timelines to INEC, and the legality of candidates moving between political parties after participating in primaries. As political parties conclude their primaries according to INEC guidelines, some disgruntled members have left their original parties and joined others.
For example, Nkechi Nwaogu, a former member of the House of Representatives and two-term senator for Abia Central, left the ruling All Progressives Congress (APC) after her rival, Emeka Atuma, was declared the winner in the APC primaries. In a telephone interview, she confirmed that she had joined the Nigeria Democratic Congress (NDC), citing personal decisions and injustices within the APC as reasons for her move.
Similarly, Ovie Omo-Agege, a former Deputy President of the Senate, switched from the APC to the NDC to pursue his goal of returning to the Senate. Isa Pantami, who had been declared the PDP governorship candidate for Gombe State in 2027, withdrew from the APC primaries and joined the PDP.
Legal experts and former electoral officials are divided on whether the current Electoral Act effectively bars aspirants from switching political parties after participating in primaries. Some argue that a recent judgment by the Federal High Court created an opportunity for such movement before the submission of party membership registers to INEC.
In one case, Justice Mohammed Umar delivered a judgment in Suit No: FHC/ABJ/CS/517/2026, filed by the Youth Party against INEC, which nullified part of the guidelines requiring political parties to submit their membership registers by May 10 as a condition for participation in the 2027 general elections. The court ruled that INEC could not lawfully shorten the timeline set out in Section 29(1) of the Electoral Act 2026 for submitting party membership records.
However, in a separate judgment in Suit No: FHC/ABJ/CS/720/2026, filed by the Social Democratic Party against INEC, Justice James Omotosho affirmed INEC’s power to issue and alter election timetables. He emphasized that while INEC has this authority, it must exercise it strictly within the timelines prescribed by the Electoral Act 2026.
Legal Interpretations and Implications
Adedayo Adedeji, a Senior Advocate of Nigeria, stated that the Electoral Act itself does not permit aspirants to defect to another political party and contest again under a different platform. However, he noted that a judgment by Justice Umar may create a temporary window for those willing to take legal risks.
“Based on the Electoral Act 2026, politicians cannot defect to another political party and contest again under another platform,” Adedeji said. “However, the judgment of Justice Umar appears to extend the timeline for submitting membership registers, giving some aspirants the opportunity to move between parties.”
He warned that aspirants relying on these judgments should be prepared for potential consequences if higher courts overturn the rulings. “The Court of Appeal will ultimately decide which judgment to follow,” he added.
Another Senior Advocate, Ifedayo Adedipe, argued that the Electoral Act prohibits aspirants from moving to another political party after losing primaries. “According to the new Electoral Act, it is not permissible. I think they have tweaked the current Electoral Act to ensure that if you lose in your party, you remain there.”
Kunle Adegoke, another SAN, suggested that the 2026 Electoral Act may have inadvertently created a loophole for aspirants who were not nominated by their original parties to seek tickets elsewhere. “There is a window created by the 2026 Electoral Act; it might be an omission, but there is nothing preventing an aspirant who was not nominated on the platform of his original party from reaching out to another political party.”
Former Zamfara State REC, Asmau Maikudi, supported the idea that the judgment in Youth Party vs. INEC allows aspirants to switch parties before the deadline for submitting membership registers. She questioned how many parties had submitted their membership registers to INEC as of that point.
Mike Igini, another former REC, stated that aspirants who lost their party primaries could still switch parties and contest based on the same judgment. “Yes. They can, given the judgment,” he said.
Constitutional and Electoral Provisions
Jibrin Zarewa, former Katsina State REC, emphasized that the Constitution and the Electoral Act prohibit dual party membership and impose penalties on violators. “The Electoral Act outlaws membership of two political parties. You cannot be a member of two political parties because the Constitution only permits one.”
He explained that political parties often grant waivers or set timelines for new members to become eligible to contest elections. “Some of them have waivers, some of them don’t have waivers. Some of them have, in their constitution, a provision, or some provisions that, if you join the other party, you have some timeline to be a member of that party to be eligible to contest elections.”
Zarewa stressed that failure to properly resign from a former party before joining another would result in disqualification. “If you are a member of a political party and you did not properly resign within the time stipulated by the Electoral Act and join the other party, then you are a member of two political parties, which means you are disqualified.”
He also highlighted that political parties are required to submit membership registers to INEC, and aspirants must ensure their names appear in the register of their new parties before the stipulated timeline.
Conflicting Judgments and Legal Challenges
Zarewa noted that INEC is currently facing a difficult legal situation pending the determination of the appellate court. “We have two conflicting judgments from the courts – From the courts of concurrent jurisdiction. One is that a portion of the guidelines has revoked the enforcement of the guidelines. Another court is saying that INEC is right.”
He mentioned that INEC has initiated an appeal process, and the outcome will determine whether the commission continues with its current position or adjusts its approach.
Zarewa also discussed the concept of “forum shopping,” where litigants seek favorable judgments from different courts. “What the Electoral Act attempted to do was to stop this. In forum shopping, courts give divergent rulings on the same matter.”
Ultimately, Zarewa reiterated that aspirants must belong to only one political party to remain qualified for elections. “You have to be a member of one party, and if you are going to another party, you have to properly resign within the stated term, and then you have to properly join the other party.”
