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SANs, ex-RECs divided over post-primary defections

By
Deborah Musa

Senior Advocates of Nigeria and former Resident Electoral Commissioners of the Independent National Electoral Commission have expressed divergent opinions over whether aspirants who lost party primaries can defect to another political party and still contest elections under the Electoral Act 2026.

The differing opinions followed recent judgments of the Federal High Court on the interpretation of provisions relating to party membership registers, timelines for submission to the INEC and the legality of aspirants moving between political parties after participating in party primaries.

As political parties conclude their primaries based on INEC guidelines, some of the aggrieved members have dumped their parties and joined another.

A former member of the House of Representatives and two-term senator for Abia Central senatorial zone, Nkechi Nwaogu, dumped the ruling All Progressives Congress following the outcome of the APC primaries, where her closest rival, Emeka Atuma, was declared the winner.

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In a telephone interview on Thursday, she confirmed that she had left the APC for the Nigeria Democratic Congress.

“I can confirm that I have left the party,” she said, stating that the decision was a result of personal decision and injustices in the party.

Also, former Deputy President of the Senate, Ovie Omo-Agege, dumped the APC for NDC, to give vent to his desire to return to the Senate.

Another case is Isa Pantami, who had been declared Peoples Democratic Party governorship candidate for the 2027 election in Gombe State after he withdrew from the APC governorship primaries in the state.

While some of the legal experts and former electoral officials argued that the current Electoral Act effectively bars aspirants from switching political parties after participating in primaries, others maintained that a recent judgment of the Federal High Court created a window for such movement before the submission of party membership registers to INEC.

In the first judgment delivered by Justice Mohammed Umar in Suit No: FHC/ABJ/CS/517/2026, filed by the Youth Party against INEC, the court nullified part of the guidelines issued by the commission directing political parties to submit their membership registers and databases by May 10 as a condition for participation in the 2027 general elections.

The court held that INEC could not lawfully shorten the timeline already provided under Section 29(1) of the Electoral Act 2026 for the submission of party membership records and candidates’ particulars.

However, in a separate judgment delivered in Suit No: FHC/ABJ/CS/720/2026 filed by the Social Democratic Party against INEC, Justice James Omotosho affirmed the powers of INEC to issue and alter election timetables and schedules of activities for elections.

Justice Omotosho held that while the electoral body possesses such powers, it must exercise them strictly within the timelines prescribed by the Electoral Act 2026.

Speaking to The PUNCH, a Senior Advocate of Nigeria, Adedayo Adedeji, said the Electoral Act itself does not permit aspirants to move to another political party after contesting primaries.

According to him, “Based on the Electoral Act 2026, politicians cannot defect to another political party and contest again under another platform.

“I’m aware of the fact that there’s a judgment of the Federal High Court which held that the particular provision is unconstitutional and that the time to submit the register extends further. So, some aspirants are considering having to move from one political party to another.

“I’m also aware that there’s another judgment of the Federal High Court by my Lord Justice Omotosho, having a contrary view on that particular position.

“So now, it depends on each aspirant. That judgment of Omotosho is still valid until set aside by a judgment of a higher court.

“These are two courts of coordinate jurisdiction, which you cannot say Justice Omotosho’s judgment is binding or overrules the judgment of Justice Umar,” Adedeji said.

He, however, noted that the Court of Appeal would settle which of the judgments to go with.

“It is only the Court of Appeal, being a higher court, that can rule on that. So, my own view is that, as far as the Electoral Act is concerned, you cannot do that,” he said.

Adedeji, however, noted that the judgment by Justice Umar appeared to create a temporary opening for aspirants willing to take the legal risk of defecting to another political party before the submission of registers.

“If you go by that judgment, it has given a leeway for aspirants to actually take advantage of that window. But in taking advantage of that window, they have to be able to sink and swim with their decision.

“If, at the end of the day, the Court of Appeal, in its wisdom, rules otherwise and says that the decision is faulty, they ha

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