By Otunba Shola Senbanjo (B.O.S… The New Transformation)
Political defection has become a recurring feature in Nigerian politics today. It is a custom that predates our independence as a country—one that saw members of pre-independence political parties defect to rival parties in a bid to secure their interests.
Truth be told, politicians have the fundamental right to freedom of association. However, it is important to note that certain rights come with limitations. Citizens must begin to agitate for the enactment of proper laws that will curtail the rate of political defections. This trend must be addressed urgently, as defections remain on the rise.
DEFINING THE CONCEPT: DEFECTION
Defection has been defined as the “abandonment of allegiance or duty; failure.”
In other words, defection is the act of abandoning one’s allegiance for another. In political terms, it refers to the forsaking of one’s political party for an opposing one.
Political Party
A political party is defined as “an organization of voters formed to influence the government’s conduct and policies by nominating and electing candidates to public office on behalf of the political party.”
THE LEGAL EFFECT AND IMPLICATIONS OF POLITICAL DEFECTION IN NIGERIA
Every human action comes with its consequences, and political defections are no exception. The constant cross-carpeting by politicians from one party to another has become a recurring phenomenon in Nigeria, making it necessary to examine the legal implications.
Surprisingly, political defection is not only legitimate but is also provided for in the Nigerian Constitution—albeit with exceptions. The legitimacy of political defections in Nigeria stems from the right to freedom of association as enshrined in the Constitution, particularly in Section 40(6), which provides:
“Every person shall be entitled to assemble freely and associate with other persons, and in particular he may form or belong to any political party, trade union, or any association for the protection of his interests.”
Nevertheless, it is imperative to understand that the right to freedom of association is not absolute for politicians. There are certain circumstances under which a politician may be deterred from defecting, even with this constitutional right.
For example, Section 68(1)(g) of the Constitution addresses members of the National Assembly:
“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.”
From this provision, it is crystal clear that a member of the National Assembly can only defect under exceptional circumstances. One such condition is a division in the political party to which the intending defector belongs. It must be such a significant division that:
“…only such factionalization, fragmentation, splintering or ‘division’ that makes it impossible or impracticable for a political party to function as such will, by virtue of the proviso to Section 68(1)(g) of the 1999 Constitution, justify a person’s defection to another party and the retention of his seat for the unexpired term in the house in spite of the defection. The division must affect the entire structure of the political party at the centre, that is to say, national leadership. Otherwise, as rightly held by the trial court and the Court of Appeal in this case, the defector automatically loses his seat…”
Another condition is when a faction of a political party that the politician previously belonged to merges with another.
In essence, the Constitution only allows for political defections in the National Assembly under strictly limited situations. This makes it clear that such defections are constitutionally restricted, not free-for-all.
This is also a call to all political parties to ensure that members elected under their platforms are thoroughly scrutinized, selected, nominated, and duly elected in line with party principles and democratic integrity.
The current wave of defections by political officeholders often stems from intimidation or the abuse of incumbent power wielded by the opposition or ruling party. It has become a tool of political manipulation rather than ideological divergence.
Enough is enough of this militia-dictatorship in Nigeria.
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