by LAWAL FAROUQ AYOBAMI[1]
INTRODUCTION
The right to freedom of association is a fundamental right guaranteed under Section 40 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). An important consequence of this constitutional guarantee is the freedom of individuals, including politicians, to join, leave, or associate with any political party of their choice. Consequently, political defection commonly referred to as decamping has become a recurring feature of Nigeria’s democratic experience.
In contemporary Nigerian politics, it is not uncommon for aspirants who fail to secure the nomination of their preferred political party during primary elections to defect to another political party in search of an alternative platform through which they may contest the general election. While such political migration is often criticised as being driven by personal ambition and political expediency rather than ideology or principle, the legality of the practice must be assessed within the framework of the Constitution and relevant electoral laws.
It is noteworthy that there is no express statutory provision prohibiting an aspirant from leaving one political party and joining another after losing a primary election. However, the enactment of Section 77 of the Electoral Act, 2026 has introduced significant procedural limitations that affect the practical possibility of such defections. By requiring political parties to submit their membership registers to the Independent National Electoral Commission (INEC) prior to the conduct of party primaries, the Act has created a legal framework that substantially restricts post-primary defections for the purpose of contesting another party’s primary election.
This article examines the legality of an aspirant defecting from a political party after losing a primary election and analyses the effect of Section 77 of the Electoral Act, 2026 on such defections. It further considers the practical implications of the provision and identifies existing gaps within the law that may continue to facilitate political defections notwithstanding the apparent legislative restrictions.
EXAMINATION OF SECTION 77 OF THE ELECTORAL ACT, 2026
Section 77 of the Electoral Act, 2026 provides as follows:
“A party shall maintain a digital register of its members containing the name, sex, date of birth, address, State, Local Government, Ward, Polling Unit, National Identification Number and photograph in both hard and soft copies. Upon registration, a membership card shall be issued to the members. Each political party shall make such register available to the Commission not later than twenty-one (21) days before the date fixed for the party primaries, congresses or conventions. Only members whose names are contained in the register shall be eligible to vote and be voted for in the party primaries, congresses or conventions. A party shall not use any other register for party primaries, congresses and conventions except the register submitted to the Commission.”
The central focus of this discussion lies in the provisions requiring political parties to submit their membership registers to INEC before the conduct of party primaries and restricting participation in such primaries to persons whose names appear in the submitted register.
The legal implication of these provisions is clear. Every political party intending to conduct primary elections, congresses, or conventions must submit its membership register to INEC not later than twenty-one days before the scheduled event. Consequently, only individuals whose names are contained in the submitted register are eligible to vote or be voted for during such proceedings.
The practical effect of this requirement is that once a political party has submitted its membership register to INEC, any person who joins the party thereafter becomes ineligible to participate in the party’s primary election, whether as a voter or as an aspirant seeking nomination. Accordingly, an aspirant who defects from one political party after the submission of the receiving party’s membership register cannot lawfully contest that party’s primary election. In this regard, Section 77 operates as a significant restriction on post-primary defections undertaken for the purpose of securing another party’s nomination.
However, despite its apparent effectiveness, the provision does not entirely eliminate the possibility of defections after the loss of a primary election. A close examination of the Electoral Act reveals a practical loophole arising from the absence of a uniform timetable for the submission of membership registers and the conduct of party primaries.
Political parties are generally permitted to conduct their primaries within the period prescribed by the electoral timetable, and different parties may schedule their primaries on different dates. Consequently, a situation may arise where an aspirant loses the primary election of one political party and subsequently defects to another political party that has not yet submitted its membership register to INEC.
For example, where Party A conducts its primary election in March and an aspirant is unsuccessful, such aspirant may subsequently join Party B, provided Party B has not yet submitted its membership register to INEC and has not conducted its primary election. In such circumstances, the aspirant’s name may be included in Party B’s membership register before submission to INEC, thereby enabling the aspirant to lawfully participate in Party B’s primary election.
Accordingly, the legality of a post-primary defection is largely dependent upon the timing of the defection. Where the defection occurs before the receiving political party submits its membership register to INEC, participation in that party’s primary election remains legally permissible. Conversely, where the defection occurs after the submission of the register, the aspirant cannot lawfully contest the party’s primary election because his or her name would not appear in the register recognised by INEC for the purpose of that primary.
It therefore follows that Section 77 does not impose an absolute prohibition on aspirants defecting after losing a primary election. Rather, it establishes procedural conditions that significantly limit the circumstances under which such defections may result in a valid nomination by another political party.
RECOMMENDATION
In order to effectively address the persistent phenomenon of post-primary defections, there may be a need for further legislative reforms. One possible solution would be to empower INEC to prescribe a uniform timetable requiring all political parties to conduct their primaries and submit their membership registers within the same period. Such a measure would substantially reduce the opportunity for strategic defections and promote greater stability and discipline within Nigeria’s political party system.
CONCLUSION
This study has examined the legal implications of an aspirant’s defection from a political party after losing a primary election, with particular reference to Section 77 of the Electoral Act, 2026. The analysis demonstrates that while the Constitution of the Federal Republic of Nigeria, 1999 (as amended) guarantees the right to freedom of association, the provisions of Section 77 have introduced significant procedural limitations on the ability of aspirants to defect and immediately participate in the primary election of another political party.
Specifically, the requirement that political parties maintain and submit their membership registers to the Independent National Electoral Commission (INEC) not later than twenty-one (21) days before their primaries, congresses, or conventions effectively restricts post-submission defections for the purpose of contesting party nominations. By limiting eligibility to vote or be voted for to persons whose names appear on the submitted register, the Act promotes party discipline, strengthens internal party democracy, and discourages opportunistic political migration.
Notwithstanding these safeguards, the study identifies a practical gap within the current legal framework. Given that political parties may conduct their primaries at different times within the statutory electoral period, an aspirant who defects to a political party that has not yet submitted its membership register to INEC may still validly participate in that party’s primary election. Consequently, the effectiveness of Section 77 in completely preventing post-primary defections remains contingent upon the timing of such defections and the electoral schedules of the respective political parties.
Accordingly, there is a compelling case for further legislative intervention to address this lacuna. In particular, empowering INEC to prescribe a uniform timetable for the conduct of party primaries and the submission of membership registers would substantially reduce the possibility of strategic defections and enhance the integrity of the electoral process. Ultimately, while the constitutional right to freedom of association must remain protected, it should be balanced against the broader objectives of political stability, party institutionalisation, and the promotion of a more credible democratic system in Nigeria.
[1] Lawal Farouq Ayobami Bsc (Mass Com), LLB (1st Class Hons., BGS), BL. | lawalofficial@gmail.com |+234 7032838173
