Following Governor Douye Diri’s defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC), a prominent political figure, Kenneth Okonkwo, has called on the Independent National Electoral Commission (INEC) to declare the Bayelsa State governor’s seat vacant.
Okonkwo’s position is based on the argument that the votes cast in the election belong to the political party, not the individual candidate. He contends that since Governor Diri was elected on the platform of the PDP, his defection to the APC means he has forfeited the mandate given to him by the electorate. This is a common argument made in Nigerian political discourse, especially in the context of high-profile defections.
Legal and Constitutional Context
The issue of political defection and its legal implications for elected officials in Nigeria is a complex and often contested matter. Here’s a look at the relevant legal provisions and judicial precedents:
- The Nigerian Constitution: The 1999 Constitution of the Federal Republic of Nigeria, as amended, contains provisions on political defection. Section 68(1)(g) and Section 109(1)(g) are particularly relevant to members of the National and State Houses of Assembly, respectively.1 These sections state that a lawmaker’s seat can be declared vacant if they defect to another political party, unless the defection is a result of a division or merger within their original party.2
- Governors and Defection: The constitution, however, does not explicitly include a similar provision for the removal of a governor or their deputy who defects from their political party. While the constitution specifies grounds for a governor’s removal, such as death, resignation, permanent incapacity, or impeachment for “gross misconduct,” political defection is not listed as one of these grounds.
- Judicial Interpretation: Nigerian courts have addressed the issue of defection, primarily focusing on lawmakers. The judiciary has often been called upon to interpret the constitutional provisions. While courts have sometimes held that a legislator’s seat should be vacated upon defection, there has been no successful legal challenge that has led to a sitting governor being removed from office for simply changing political parties. The consensus among many legal experts is that, unlike legislators, the constitution does not impose the same penalty on governors.
The Role of INEC
INEC’s role in this matter is primarily administrative. While it is responsible for the conduct of elections and can declare a seat vacant based on a court order or constitutional provisions, it cannot independently declare a governor’s seat vacant on the grounds of defection without a clear legal basis. A declaration of vacancy would likely require a successful legal challenge in court, which, as noted, has historically been a high hurdle to clear for the executive arm of government.
Kenneth Okonkwo’s call highlights the ongoing debate about political morality and the need for stronger anti-defection laws in Nigeria. It remains to be seen whether his call will lead to a new legal challenge or simply add to the public discourse on a long-standing issue in Nigerian politics.
