Victor Otaokpukpu, a constitutional lawyer and public affairs analyst, has articulated that Senator Enyinnaya Abaribe's defection to the African Democratic Congress (ADC) must comply with the provisions laid out in the 1999 Constitution of Nigeria.
Otaokpukpu made these comments during a discussion with ARISE NEWS, which followed the uproar over Abaribe's departure from the All Progressives Grand Alliance (APGA).
Senator Abaribe, who serves as the representative for Abia South, has recently made headlines by joining the ADC, claiming that he was expelled from APGA—a statement that the party contests.
In response to the situation, Otaokpukpu stressed that Abaribe must substantiate his defection within the legal framework of the Constitution.
"The constitutional framework is clear. Abaribe needs to align his defection with the Constitution’s stipulations," he asserted.
The legal expert further highlighted that electoral votes are tied to political parties rather than individual candidates.
He referenced multiple Supreme Court decisions, underlining that votes cast during elections are attributed to the parties, not the individuals representing them.
"There is no allowance for independent candidates as prescribed by the Constitution. It is always understood that the political party embodies the mandate of the electorate," he elaborated.
Otaokpukpu added that once elected, lawmakers cannot transfer their electoral mandate to another party without fulfilling constitutional prerequisites.
"One cannot simply abandon the mandate and principles of the political party that initially supported them and shift allegiance to another party with a different ideology," he continued.
Moreover, he noted that the Constitution is designed to discourage unlawful defections, emphasizing the necessity for a correct interpretation of its rules.
He pointed out that Abaribe's assertion of expulsion may not suffice under Section 68(1)(g) of the Constitution.
"It's regrettable that the justifications given by Abaribe for his defection are not recognized under Section 68(1)(g)," Otaokpukpu stated.
According to him, Abaribe must provide evidence to the Senate to support any claims regarding his seat.
Otaokpukpu also called for an amendment to the Constitution to reinforce regulations surrounding political defections,
he suggested that defection should be classified as a strict liability offense, particularly for those in high political offices.
"We have advocated for an amendment to introduce similar rules against the defection of governors and even the president to ensure political stability," he added.
The legal analyst cautioned that ongoing defections erode democratic integrity and disregard voters’ mandates.
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