A constitutional lawyer and public affairs analyst, Victor Otaokpukpu, has said that the defection of Senator Enyinnaya Abaribe to the African Democratic Congress (ADC) must comply with provisions of the 1999 Constitution of Nigeria.
Otaokpukpu made the remarks during an interview with ARISE NEWS, following controversy surrounding Abaribe’s exit from the All Progressives Grand Alliance (APGA).
Senator Abaribe, who represents Abia South, recently defected to the ADC, claiming he was expelled from APGA — a position the party has disputed.
Reacting to the development, Otaokpukpu said the senator must legally justify his defection within the framework of the Constitution.
“The constitutional provision is there. Abaribe has to now bring his defection within the contemplation of the Constitution,” he said.
The legal expert emphasised that electoral mandates belong to political parties rather than individual candidates.
He cited several Supreme Court rulings, noting that votes cast during elections are attributed to parties, not individuals.
“There is no independent candidacy recognised by the Constitution. At all times, it is presupposed that the political party carries the mandate of the vote given to them,” he explained.
He added that lawmakers cannot transfer that mandate to another party after elections without meeting constitutional conditions.
“You cannot abandon that mandate and ideology of the political party that sponsored you and move it to another party with a different ideology,” he said.
Otaokpukpu further noted that the Constitution was designed to penalise unjustified defections, stressing the need for a proper interpretation of its provisions.
He argued that Abaribe’s claim of expulsion may not be sufficient under Section 68(1)(g) of the Constitution.
“It is quite unfortunate that the reasons Abaribe has predicated his defection on are not contemplated under Section 68(1)(g),” he said.
According to him, the senator would need to present evidence before the Senate for any consideration regarding his seat.
The lawyer also called for a constitutional amendment to tighten rules on political defections.
He proposed that defection should be treated as a strict liability offence, especially for high-ranking public officials.
“We have canvassed for an amendment to include similar provisions against the defection of governors and even the president to guarantee political stability,” he added.
Otaokpukpu warned that frequent defections undermine democratic stability and disregard the mandate given by voters.
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