SANs, ex-RECs divided over post-primary defections

Senior Advocates of Nigeria and former Resident Electoral Commissioners are divided over the legality of politicians defecting to new parties after losing primary elections, particularly concerning their eligibility to contest under the Electoral Act 2026. This divergence in opinion stems from recent Federal High Court rulings that have interpreted provisions related to party membership registers and the timelines for candidate submissions.

As political parties conclude their primaries, a number of aggrieved aspirants have switched allegiances. Notable examples include Nkechi Nwaogu, a former senator, who left the All Progressives Congress (APC) for the Nigeria Democratic Congress (NDC) after her rival won the primary. Similarly, former Deputy President of the Senate, Ovie Omo-Agege, also defected from the APC to the NDC to pursue his senatorial ambitions. In Gombe State, Isa Pantami reportedly withdrew from APC governorship primaries to become the Peoples Democratic Party's candidate for the 2027 election.

Some legal experts and former electoral officials argue that the current Electoral Act strictly prohibits aspirants from changing parties after participating in primaries. However, others contend that a recent Federal High Court judgment has created a loophole, allowing such movements before the official submission of party membership registers to the Independent National Electoral Commission (INEC). This interpretation hinges on differing views of the court's decisions in cases involving the Youth Party and the Social Democratic Party against INEC.

One Federal High Court ruling, presided over by Justice Mohammed Umar, nullified a part of INEC's guidelines that mandated the submission of membership registers by May 10, stating that INEC could not unilaterally shorten the timeline provided in Section 29(1) of the Electoral Act 2026. Conversely, Justice James Omotosho affirmed INEC's power to alter election timetables but stressed that such alterations must comply with the Electoral Act's timelines. The ongoing debate among legal professionals and the actions of politicians underscore the fluid and contested nature of electoral laws and party defections in Nigeria.

“

I can confirm that I have left the party.