Vincent Otaokpukpu, a legal practitioner and the Director of the Legal Obedience Movement, has asserted that any propositions for Peter Obi to rejoin the Labour Party are not supported by current Nigerian electoral legislation.
During an interview on ARISE News on Thursday, Otaokpukpu characterised the remarks attributed to Yusuf Datti Baba-Ahmed as primarily political statements, lacking a solid legal basis.
"Datti Ahmed’s comment at best is a political statement, probably without a legal backing," he stated.
He elaborated that specific provisions within the Electoral Act render it difficult for politicians to switch parties swiftly, particularly in the period leading up to party primaries.
"It may be impracticable to move from one political party to another, save for probably exceptions created under the law," Otaokpukpu explained.
While acknowledging that the Nigerian Constitution upholds the freedom of association, Otaokpukpu pointed out that recent electoral laws introduce stipulations that could complicate the process of changing parties and participating in primaries.
He referenced the requirement that "If any member… is not contained in the register submitted to INEC… such a fellow will not be eligible to vote and be voted for," referring to the necessity of having names on party membership lists submitted to the Independent National Electoral Commission (INEC).
Otaokpukpu contended that these stipulations might potentially conflict with constitutional rights, specifically citing Section 40 of the 1999 Constitution, which guarantees the right of every citizen to associate freely with other persons and to form or belong to any political party, trade union, or any other association for the protection of their interests.
"The Constitution did not provide that you must be a member for such-and-such time," he added.
Despite these legal considerations, Otaokpukpu reiterated that the practicality of Peter Obi transitioning back to the Labour Party is significantly constrained by both timing and procedural realities.
"It is practically impossible because most of the major political parties will be having their conventions and primaries just within a space of a few weeks," he noted.
He emphasized that the focus should rather be on resolving any discrepancies between the Electoral Act and constitutional provisions, rather than engaging in speculative discussions about party affiliations.
Dismissing any notion of an internal crisis within the African Democratic Congress (ADC), Otaokpukpu stated that Obi remains a credible aspirant within the party.
"ADC has not conducted their primaries… it’s hopeful that Obi will secure the ticket," he commented.
He further suggested that political parties might employ strategies like zoning to enhance their electoral prospects, describing such arrangements as elements of broader political strategy.
By Triumph Ojo
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