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VOL. 12, ISSUE 1 (2026)
The frequency of political defections in Nigeria: Plugging the enabling loopholes in the Consititution
Authors
Melford O Georgewill, Biobele W Georgewill
Abstract
Aristotle, the ancient Greek Philosopher wrote
in his seminal work, Politics, the widely accepted proposition that ‘man is by
nature a political animal’ This means amongst other things that politics and
its offshoots are indispensable in the affairs of men, as no man is an island
onto himself. According to Max Weber in his work, The Theory of Social and
Economic Organization, ‘politics is the operation of the state and its
institutions. Politics means striving to share power or striving to influence
the distribution of power among individual and group in a state’. There thus
arises the question, what vehicles can be deployed in the actualization of the
process of achieving political power. It is safe to state that political
parties are one veritable too/vehicle for the actualization of political power.
It is through the instrumentality of this vehicle together with its ideologies
or aims and objectives that persons who desire to attain, control and
administer political power fulfil such ambitions. Yet, after obtaining
political power on the platform of a political party are quick to defect to
another political party. This research examined the legal or justifiable
grounds or basis for defection, the rampancy of the phenomenon in Nigeria, the
legal consequences of defection as spelt out in Sections 68 and 109 of the
Constitution of the Federal Republic of Nigeria 1999 (as amended). The research
found and demonstrated how despite the provisions for adverse consequences for
defection of lawmakers, the trend has persisted among political actors, many of
whom escape any form of adverse legal consequences. The work concluded that the
leaderships of the National Assembly, who have been bestowed quasi-judicial
powers to give effect to the sections of the Nigerian Constitution on defection,
have failed, refused and neglected to carry out this responsibility dutifully
without any consequence on such leaderships, hence the rampancy of the trend.
The research recommended that there should be legal consequence in the form of
deprivation either of the speakership or presidency of an affected House. The
research work recommended an automatic loss of seat or office in the event of
defection with a proviso for a 3 – 6 months window for the affected member or
political party to seek relief from Federal High Court establishing to the
satisfaction of the Court either ex parte or on notice why he/she should retain
his/her seat or office despite defecting.
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Pages:488-493
How to cite this article:
Melford O Georgewill, Biobele W Georgewill "The frequency of political defections in Nigeria: Plugging the enabling loopholes in the Consititution". International Journal of Law, Vol 12, Issue 1, 2026, Pages 488-493
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