HURIWA condemns unconstitutional party switching by lawmakers, calls for adherence to constitutional provisions

[Press Release] The Human Rights Writers Association of Nigeria (HURIWA) has strongly denounced the growing trend of lawmakers abandoning the political parties under which they were elected to join the ruling All Progressives Congress (APC).

This practice, the group asserted, violates constitutional provisions and undermines the integrity of Nigeria’s democracy.

In a press statement issued on Thursday, HURIWA highlighted that Section 68(1)(g) of the 1999 Constitution (as amended) explicitly mandates that a legislator shall vacate their seat if they defect from the party that sponsored their election unless such decampment is due to a division within the party or a merger.

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Despite this clear directive, the rights group noted that numerous lawmakers have switched allegiance to the APC without valid justification, thereby defying the law.

Expressing concern over the erosion of democratic principles, HURIWA condemned the inducement of opposition lawmakers by the APC and its leadership.

The association alleged that the presidency and the APC leadership in the National Assembly have facilitated mass decampments by offering financial and political incentives to lawmakers. “This trend undermines democracy and diminishes the capacity of the opposition to hold the government accountable,” HURIWA stated.

HURIWA emphasized that the exodus of lawmakers from opposition parties compromises legislative oversight, a key component of democratic governance.

The association called on the Independent National Electoral Commission (INEC) and the judiciary to enforce the rule of law by declaring the seats of decampees vacant, in accordance with constitutional provisions.

“Since the current administration took office, there has been a wave of high-profile decampments. These include Late Senator Ifeanyi Ubah, who decamped from the Young Progressives Party (YPP) to the APC in October 2023, citing “irreconcilable differences” within his party.

Similarly, Ezenwa Onyewuchi, representing Imo East Senatorial District, left the Labour Party for the APC in July 2024, attributing his decision to alleged internal crises within his former party.

“Another notable case is that of Ramalan Yero, a former governor of Kaduna State, who decamped from the Peoples Democratic Party (PDP) to the APC in February 2024. In December 2023, twenty-seven lawmakers from the Rivers State House of Assembly also defected to the APC, claiming their decision stemmed from a feud within the PDP involving Governor Sim Fubara and former Governor Nyesom Wike, now the Minister of the Federal Capital Territory,” HURIWA stressed.

HURIWA also highlighted the decampment of Prof. Ahmed Alkali, former National Chairman of the New Nigeria People’s Party (NNPP), who joined the APC in October 2023 alongside other NNPP chieftains.

The association lamented that these decampments reflect systemic flaws in Nigeria’s political structure, where party loyalty often takes a backseat to personal ambition.

HURIWA underscored that Section 68(1)(g) of the Constitution is clear about the conditions under which lawmakers can defect without forfeiting their seats.

The Supreme Court has affirmed this provision in several rulings, noting that defections are only justified in cases of internal division or party mergers.

The association pointed out that most of the cited reasons for decampment, such as “court cases” or “incessant tussles,” do not meet the constitutional standard.

For instance, Hon. Esosa Iyawe’s reasons for decamping from the Labour Party to the APC were deemed insufficient by HURIWA to justify his action under the law.

HURIWA called on INEC to take immediate steps to enforce constitutional provisions by declaring the seats of decamping lawmakers vacant and organizing fresh elections to fill these positions.

The association also urged the National Assembly to prioritize adherence to the Constitution rather than succumbing to political pressures.

The group warned that failure to address these unconstitutional defections would embolden more lawmakers to flout the law, further eroding public trust in Nigeria’s legislative institutions.

“The Labour Party’s proposal to create a ‘Hall of Shame’ for decampees is commendable but must be complemented by robust legal action,” HURIWA remarked.

In conclusion, HURIWA reaffirmed its commitment to safeguarding Nigeria’s democracy and upholding the rule of law.

The association called on President Bola Ahmed Tinubu to dissociate himself from actions that compromise democratic values and instead champion reforms to strengthen party ideologies and accountability.

“The party switching of lawmakers not only breaches constitutional provisions but also betrays the trust of voters who elected them based on party platforms. We urge all stakeholders to work towards preserving the sanctity of Nigeria’s democratic institutions and ensuring that elected representatives uphold their oaths of office,” HURIWA stated.

HURIWA further encouraged Nigerians to hold their representatives accountable and resist any attempts to undermine the rule of law.

Comrade Emmanuel Onwubiko
National Coordinator,
Human Rights Writers Association of Nigeria (HURIWA)
December 12, 2024