The Legal Regime and Trend of Political Defections in Africa: A Doldrums
Oluwafemi Emmanuel Olowononi
Mohammed Ndarani Mohammed
Abstract
The paper is an investigation into the practice of party defections and political instability, which is one of the major challenges to democracy in Nigeria and Africa in general. Politicians in Africa have continued to lay claims to their fundamental rights to freedom of association as a means of moving in and out of political groups at will, a development, though not alien to the political system, which is however gradually assuming a frivolous status, thus raising concerns in the build-up to general elections of Africa’s countries.The gale of defection in Nigeria and other countries is one that demands critical attention to preserve both the legal, political and even the moral sanctity of leadership in Africa. Election periods have always been the periods when politicians move from one party to the other looking for a ticket. This article therefore examines this political trend and its incidental issues in the light of the Constitutional provisions of selected countries in Africa as well as case laws on the matter.Is the trend healthy for the political leadership development in the continent? The paper examines the existing regulatory frameworks and clearly articulates on the lack of effective implementation of internal democracy within political parties in redressing this problem. The paper calls for concerted efforts of all stakeholders and proper implementation of the existing rules governing internal democracy within political groups.
PDF Preview
Open PDF in new tabKeywords
References
2. *(PhD, LL.M, BL), Senior Advocate of Nigeria; Founder, Solace Law Firm (Ndarani & Co), Abuja, Nigeria.
3. A Adejuwon, ‘The History and Law of Political Carpet Crossing in Nigeria’ [2009] (11) Squib Guest [http://squibguest.blogspot.com/2009/11/history-and-law-of-political-carpet.html](http://squibguest.blogspot.com/2009/11/history-and-law-of-political-carpet.html) accessed 1 June 2022.
4. O Awofeso and P Irabor, ‘Party Cross-Carpeting in Nigeria’s Fourth Republic: Cases and Causes’ [2016] 6(9) Journal of Public Administration and Governance 34.
5. EM Akpambang and OAO Oniyinde, ‘Political Party Defections by Elected Officers in Nigeria: Nuisance or Catalyst for Democratic Reforms?’ [2020] 7(2) International Journal of Research in Humanities and Social Studies 12.
6. Adejuwon (n3).
7. Akpambang and Oniyinde (n5).
8. J Nwanegbo and others, ‘Party Defection and Sustenance of Nigerian Democracy’ [2014] 14(6) Global Journal of Human-Social Science 1–8.
9. S Barnes, ‘Defections, Decamping and Cross-Carpeting: The Challenges Facing Nigerian Political Parties Ahead of the 2019 General Elections’ Democracy Speaks (2018) [https://www.democracyspeaks.org/blog/defections-decamping-and-cross-carpeting-challenges-facing-nigerian-political-parties-ahead](https://www.democracyspeaks.org/blog/defections-decamping-and-cross-carpeting-challenges-facing-nigerian-political-parties-ahead) accessed 1 June 2024.
10. A Jinadu, ‘Political Parties and Democracy in Nigeria’ in Olu Obafemi and others (eds), *Political Parties and Democracy in Nigeria* (Kuru 2014).
11. A Abiodun, ‘Why I Joined Labour Party’ *The Nation* (28 May 2022) [https://thenationonlineng.net/why-i-joined-labour-party-by-peter-obi/](https://thenationonlineng.net/why-i-joined-labour-party-by-peter-obi/) accessed 1 June 2024.
12. Winston Churchill, British Statesman and former Prime Minister of Great Britain (1940–45; 1951–55) [https://en.wikipedia.org/wiki/Winston_Churchill](https://en.wikipedia.org/wiki/Winston_Churchill) accessed 1 June 2024.
13. Ronald Reagan [https://en.wikipedia.org/wiki/Ronald_Reagan](https://en.wikipedia.org/wiki/Ronald_Reagan) accessed 1 June 2024.
14. BA Garner, *Black’s Law Dictionary* (10th edn, Thomson West 2014).
15. GC Malhotra, *Law in India: Anti-defection and Commonwealth* (Metropolitan Books 2005).
16. MB Aleyomi, ‘Election and Politics of Party Defection in Nigeria: A Case of Kogi State’ [2013] 1(1) Covenant University Journal of Politics and International Affairs 72–84; P Mbah, ‘Party Defection and Democratic Consolidation in Nigeria, 1999–2009’ [2011] 2(23) Afro-Asian Journal of Social Science 1.
17. Garner (n14).
18. [2016] 1 NWLR (Pt 1492) 1 at 23.
19. SOmotola, ‘Nigerian Parties and Political Ideology’ [2009] 1(3) Journal of Alternative Perspectives in Social Sciences 612.
20. Constitution of the Federal Republic of Nigeria 1999 (as amended).
21. ibid ss 65(1)(b), 131(1).
22. Awofeso and Irabor (n4).
23. ibid.
24. CFRN 1999.
25. (2015) 8 NWLR 314.
26. OS Apadere and JO Agbana, ‘Cross-Carpeting in Nigerian Politics: Some Legal and Moral Issues Generated’ [2015] 3(2) Frontiers of Legal Research 33.
27. Channels Television, ‘Why I Defected from APC to PDP’ (2018) [https://www.channelstv.com/2018/07/31/why-i-defected-from-apc-to-pdp-saraki/](https://www.channelstv.com/2018/07/31/why-i-defected-from-apc-to-pdp-saraki/) accessed 1 June 2024.
28. CFRN 1999 ss 68(2) and 109(2).
29. AO Sanni, *Introduction to Nigerian Legal Method* (Kuntel Publishing House 1999).
30. Vibelko (Nig) Ltd v N.D.I.C. [2006] 12 NWLR (Pt 994) 280.
31. AT Ltd v ADH [2007] 15 NWLR (Pt 1056) 118.
32. Olowokere v African Newspapers [1993] 5 NWLR (Pt 295) 583.
33. (1994) AIR 1558.
34. Constitution of India 1949 art 190(3).
35. Kihoto Hollohan v Zachillhu and Ors (1992) SCR (1) 686.
36. [2007] 3 NWLR (Pt 1022) 618.
37. ibid.
38. [2004] LPELR-1968 (SC) at 24.
39. [2016] 18 NWLR (Pt 1543) 61.
40. Ozomgbachi v Amadi & Ors (2018) LPELR-45152 (SC) at 48–49.
41. Peoples Democratic Movement v INEC & 2 Ors [2020] 17 NWLR (Pt 1753) 303 (SC).
42. (2018) LPELR-45152 (SC) at 48–49; PDM v INEC & 2 Ors [2020] 17 NWLR (Pt 1753) 303 (SC).
43. CFRN 1999.
44. (2022) LPELR-57166 (CA).
45. LPELR-45152 (SC) at 48–49.
Cite and Share
Research support
Use the citation tools and article metadata when referencing published work.
Scholarly Discussion
Article Commentary
Scholarly discussion is intended for respectful academic engagement, critique, clarification, and knowledge exchange. Comments are moderated to preserve the integrity of the journal community.
All comments are subject to moderation to preserve scholarly quality and community standards. Do not include confidential peer-review, reviewer identity, private manuscript, or submission information.
Sign in or create an account to participate in the scholarly discussion.
Related Articles
A Legal Analysis of the Role of Host Communities in Environmental and Natural Resources Management in Nigeria
Lolo Isaiah Opuende
It is beyond doubt that the local communities play pivotal role in environmental and natural resources management. The role of local communities in environmental and natural resources management, national economy and in ecology was emphasized in the 1988 National Forest Policy, w...
- Citation
- Vol. 1, Issue 2, 2026
- Pages
- Forthcoming
- DOI
- 10.5281/zenodo.20309306
- Metrics
- 16 views / 6 downloads
An Examination of the Roles of a Legal Adviser to a Political Party in a Democracy
Dr. Alawa Stephen Tombari
Actions and inactions of political parties in a democratic State aid to make or mar the governance of the people. The concourse of events in various political parties determines the stability, development, security, and image of the State. Factually, political parties are the lif...
- Citation
- Vol. 1, Issue 2, 2026
- Pages
- Forthcoming
- Metrics
- 11 views / 3 downloads
Human Rights in Nigeria’s Cyberspace: An Overview
Abraham Ebini, Akeuseph Oyepho
Human Rights in cyberspace deals with the applicability of human rights and basic freedoms in cyberspace. Individuals are entitled to exercise and enjoy human rights and fundamental freedoms in cyberspace, just as they do in the physical or real space. The aim of this paper is to...
- Citation
- Vol. 1, Issue 2, 2026
- Pages
- Forthcoming
- Metrics
- 14 views / 5 downloads
The Role of a Legal Adviser to a Political Party in Nigeria’s Democracy
Prof. Josephat Chima Ubanyionwu
Political parties in Nigeria are essential vehicles for political representation, bound by law to function democratically and adhere to regulatory frameworks. Failure to comply with these requirements often leads to legal disputes and sanctions. A Legal Adviser in a political par...
- Citation
- Vol. 1, Issue 1, 2026
- Pages
- Forthcoming
- Metrics
- 10 views / 0 downloads