On Tuesday, March 8, 2022, a precedence was set in Nigeria’s political history, when a Federal High Court in Abuja sacked the Ebonyi State Governor, David Umahi, and his Deputy, Kelechi Igwe, over their defection from the Peoples Democratic Party, PDP, to the All Progressives Congress, APC.
Umahi had in November 2020, dumped the PDP, the platform on which he was elected in 2019, along with his Deputy and 17 members of the State’s House of Assembly over alleged marginalisation of the South East.
But in the judgment delivered by Justice Inyang Ekwo, the court held that their defection was unlawful and ordered them to immediately vacate their offices, maintaining that the votes cast for PDP in the March 9, 2019 governorship election are not transferrable to the APC that failed in the election.
While delivering the verdict, the question of immunity from criminal proceedings in section 308 of the constitution, which is conferred on the president, the vice-president, governors, and their deputies, received curious attention, as Justice Ekwo maintained that it did not apply to the case.
“In this case, the cause of action and the remedy thereof cannot wait till the third and fourth defendants leave office. The constitution is put in jeopardy when the will of the electorate who voted for a political party can be brazenly merchandised by candidates without consequence. The APC cannot govern Ebonyi State through the 3rd and 4th defendants (Messrs Umahi and Igwe), when it did not win the election that produced them,” he said.
While Umahi has appealed the judgement and the final decision on the matter lies with the superior courts, there’s now a clear evidence that some judges are heeding public outcry over arbitrary defection by politicians and are exploring legal options to stem it.
The Umahi’s case would definitely elicit a judicial construal that would positively or negatively impact the culture of defection in the country’s political system. After this historic move, politicians given to defection stand a chance to either gain or lose everything.
It is however disturbing that an average politician in Nigeria has a propensity to defect anytime his interest is threatened, but sits comfortably when the interest of the nation is at stake. What is however surprising is that the courts have not been forthcoming with a bold pronouncement like Justice Ekwo to check the practice which has become a political tool in weakening opposing political parties in the run up to major elections.
It is also worrisome that the legislature has been portrayed as the main turf for cross-carpeting activities, whereas beneficiaries of the practice, party caucuses on both chambers remain indifferent, lobby and receive aggrieved members of other political parties to get a non-elective advantage over other parties.
For this reason, the National Assembly purposely muted the constitution over the issue of consequences for inter-party defections. We therefore call on members of the National Assembly to clarify the constitution’s stand on the consequences of defection by way an amendment.
As Umahi fights for his survival in office, politicians across all parties must know that defection could be a self-inflicted peril and learn to spare themselves the headache of unnecessary tirade with other arms of government, as well as initiating actions that would subject them to public scrutiny.
While the widely criticized culture of defection remains, it is only a matter of time that a conscientious legislature would apply brakes on its guileful wheels which rob political parties of their candidates’ mandates and duplicitously hand them to their rivals. Against this backdrop, parties must learn to build ideologies and democratic tenets that encourage and sustain good governance, rather than attach fickle politicians with a penchant for mobility across parties to themselves.
