Post-primaries defections split SANs, ex-RECs

Senior lawyers and former electoral officials are divided over whether aspirants who lose party primaries can switch parties and still contest elections under the Electoral Act 2026.

The disagreement follows conflicting judgments of the Federal High Court on key provisions relating to party membership registers, timelines for submission to the Independent National Electoral Commission (INEC), and the legality of cross-party movement after primaries.

The debate comes as aggrieved aspirants continue to defect after party primaries. Among them is Nkechi Nwaogu, a former senator for Abia Central, who left the All Progressives Congress after losing the ticket to Emeka Atuma and joined the Nigeria Democratic Congress. Former Deputy Senate President, Ovie Omo-Agege, has also dumped the APC for the same party in a bid to return to the Senate, while Isa Pantami emerged as the Peoples Democratic Party’s governorship candidate in Gombe after withdrawing from the APC primary.

Legal experts, however, differ on the implications of recent court rulings. A Senior Advocate of Nigeria, Adedayo Adedeji, maintained that the Electoral Act does not permit aspirants to defect and contest under another platform after participating in primaries. He acknowledged, however, that one of the Federal High Court judgments may have created a temporary opening for aspirants willing to take the legal risk.

According to him, the uncertainty stems from two conflicting rulings delivered by courts of coordinate jurisdiction—one appearing to extend the timeline for submission of party membership registers, and another affirming INEC’s authority to regulate electoral schedules within the law.

Adedeji stressed that only a higher court, particularly the Court of Appeal, can resolve the contradiction, warning that aspirants who defect based on the current ambiguity risk disqualification if the judgments are overturned.

Another SAN, Ifedayo Adedipe, also argued that the Electoral Act effectively bars such defections, though he criticised the restriction as limiting political choice.

On the other hand, Kunle Adegoke (SAN) suggested that the law may contain a loophole allowing aspirants who were not nominated by their original parties to seek tickets elsewhere within the stipulated timeframe, provided they do not hold double nominations.

Former Resident Electoral Commissioners offered similarly mixed views. Asmau Maikudi and Mike Igini said aspirants could rely on the judgment that appears to permit movement before the submission of party registers.

However, Jibrin Zarewa cautioned that both the Constitution and the Electoral Act prohibit dual party membership. He noted that aspirants must formally resign from their previous parties and ensure their names appear in the register of their new parties within the stipulated timeline to remain eligible.

Zarewa added that failure to comply with these requirements could lead to disqualification, stressing that INEC is currently navigating a complex legal situation due to the conflicting court rulings, pending resolution by the appellate courts.

Overall, the issue remains unsettled, with legal uncertainty hanging over aspirants seeking to switch parties after losing primaries, as stakeholders await a definitive interpretation from higher courts.