Defections: Can our democracy survive breaches of the constitution?

Tomorrow, June 12, Tinubu is expected to address the joint session of the National Assembly and even confer national honours on some lawmakers. This means we will have all four leaders of the country sitting in one place. Among the lawmakers participating in this joint sitting, there will also be many who have violated Section […]

Tomorrow, June 12, Tinubu is expected to address the joint session of the National Assembly and even confer national honours on some lawmakers. This means we will have all four leaders of the country sitting in one place.

Among the lawmakers participating in this joint sitting, there will also be many who have violated Section 68(1)(g) of our constitution. In fact, they would be celebrated for defecting to the APC in front of the four leading figures in the country who swore to uphold the Constitution of the land. And these leaders are not unaware of the law. Even if they are, they are old enough to know that ignorance of the law is not an excuse to break it.

The Constitution of the Federal Republic of Nigeria 1999 (as amended), Section 68, Subsection (1), Paragraph (g) cannot be clearer. It read as follows: Section 68 (1): A member of the Senate or House of Representatives shall vacate his seat in the House of which he is a member if

(g) 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.

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For State Houses of Assembly, the relevant provision is Section 109(1)(g). It is almost identical to Section 68(1)(g), but only applies to state-level legislators.

Over the past 24 months, numerous members of Nigeria’s National Assembly and state assemblies have defected from PDP and LP to APC. In a saner democracy, this should be raising serious constitutional questions.

In the House of Representatives, defectors from PDP include Chris Nkwonta (Abia), Sulaiman Abubakar (Zamfara), Amos Magaji and Hussaini Jallo (Kaduna), Garba Koko (Kebbi), and Adamu Tanko (Niger), as well as seven lawmakers from Delta State— Erthiatake Ibori-Suenu, Victor Nwokolo, Julius Pondi, Thomas Ereyitomi, Nicholas Mutu, Ukodhiko Jonathan, and Ezechi Nnamdi. In Katsina, three PDP representatives—Abdullahi Dabai, Aliyu Illiyasu, and Salisu Majigiri—defected to the APC in May 2025.

From LP, Okolie Lawrence (Delta)—Esosa Iyawe (Edo), Tochukwu Okere (Imo), Donatus Matthew (Kaduna), Bassey Akiba (Cross River), and Daulyop Fom (Plateau)—also joined the APC. Akingbaso Olanrewaju (Ondo) and Oluwole Oke (Osun) left the PDP for the APC, with Oke’s defection currently under legal challenge.

Similarly, Abdullahi Sani Rogo (Rano/Bunkure/Kibiya) and Kabiru Alhassan Rurum (Karaye/Rogo), both elected under the NNPP, also defected to the APC during plenary sessions last month, too.

In the Senate, three PDP senators from Kebbi—Adamu Aliero, Yahaya Abdullahi, and Garba Maidoki—crossed to the APC, along with Ned Nwoko (Delta). Kawu Sumaila (Kano) joined the APC from NNPP in early May 2025.

As of today, the number of lawmakers who have switched parties since the start of the 10th National Assembly is 30 out of 469 legislators—6.4 per cent. This is a significant figure when applying statistical measures. Of these, 27 left the PDP, LP, ADC, and NNPP to join the ruling party.

The defections are different at the state level, too, including two state governors. Three members of the Kaduna State House of Assembly—Henry Mara (Jaba), Emmanuel Kantiok (Zonkwa), and Samuel Kambai (Zangon Kataf)—defected from the PDP to the APC. In Delta State, 22 members of the State House of Assembly have defected from the PDP to the APC, together with their governor.

On the contrary, no member of the State House of Assembly has defected in Akwa Ibom despite Governor Umo Eno’s move to the APC last week. At least 15 lawmakers have openly rejected the shift and remain with the PDP, to the best of my knowledge. So this defection is not an automated wave as it is made to appear.

In response to these defections, the PDP has called on the speakers of the national and state assemblies to declare their seats vacant. They cited Sections 68(1)(g) and 109(1)(g) of the Constitution. This is commendable. Unfortunately, other parties are yet to take similar positions. But the defectors should also consider doing the honourable thing, too.

Of course, we must commend the action of the Governor of Rivers following the defection of 27 lawmakers in the state. But in the end, we cannot deny how the Supreme Court mocked his effort by ruling that there is “no evidence” to support the claim that they defected.

Let’s not forget that PDP also called on the Delta State governor to resign, too. And before then, they sued the former governors of Zamfara State and Ebonyi State, who defected in 2021. The case was lost in the courts, which sets a weak precedent for suing the present defectors. Both governors are now ministers.

One can argue that violating the law in the current administration leads to a reward rather than a penalty. It will be disappointing for our democracy if the National Assembly rewards the defectors. The celebrations of the defections are bad enough. The President was seen watching the defection ceremony in Akwa Ibom. The Vice-President attended the one in Delta. The APC chair joined the Senate President and Speaker when lawmakers announced their defections.

Clearly, the APC is using defections and endorsements to signal a re-election victory for 2027. But recent history shows that despite 22 governors endorsing Jonathan before the 2015 elections, he still lost. And the APC overlooks the fact that they have been in office for only 24 months. This is a time for governance, not campaigning. Besides, the Electoral Act has not yet allowed campaigns to begin.

As a people and a democracy, we must continue to remain guided by the laws. Our unity depends on it. Although these laws are subject to amendment, we must respect the existing ones. It is following the rules that makes us different from a lawless system. All defectors should resign.