The recent ruling by the Delta State House of Assembly concerning Hon. Collins Egbetama, the representative for Udu Constituency, has generated significant public discourse. Although political reactions remain divided, the constitutional issues involved are unambiguous.
The 1999 Constitution of Nigeria (as amended) specifies the conditions under which legislators forfeit their seats following defection. Section 109(1)(g) mandates that a State Assembly member must vacate their seat if they change parties before the expiration of their tenure. Similarly, Section 68(1)(g) extends this requirement to members of the National Assembly. These provisions are designed to maintain the allegiance of lawmakers to the political parties that facilitated their election.
The Constitution permits defection without penalty solely when it results from a division or merger within the sponsoring political party. Judicial interpretations have consistently established that such a division must constitute a profound and irreconcilable split at the national level, rather than local disputes or disagreements arising from primary elections.
The constitutional exception has been invoked to justify the defection of Governor Sheriff Oborevwori and other former members of the People’s Democratic Party (PDP) in Delta State to the All Progressives Congress (APC). Proponents contend that the national leadership crisis within the PDP satisfied the constitutional criteria for permissible defection.
However, a defection does not satisfy the constitutional exception, the legislator is however, required to forfeit their seat. The presiding officer then declares the seat vacant, after which the Independent National Electoral Commission (INEC) organizes a by-election to fill the vacancy.
In contrast to legislators, governors, deputy governors, and the President are not subject to constitutional penalties for changing political parties during their tenure. The Constitution does not include anti-defection provisions applicable to executive office holders.
Legal experts view the Delta Assembly’s decision on Egbetama as constitutionally grounded rather than politically motivated. Regardless of political opinions, the law governing legislative defection is clear.
The case involving the Udu Constituency highlights the significance of constitutional safeguards in upholding Nigeria’s democratic system. It affirms that the rule of law, rather than partisan interests, constitutes the foundation of representative governance.
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