LEGAL AND SOCIO-POLITICAL DYNAMICS OF PARTY DEFECTION IN NIGERIA: AN APPRAISAL OF THE DECISION OF THE FEDERAL HIGH COURT REMOVING THE GOVERNOR AND DEPUTY GOVERNOR OF EBONYI STATE

Abstract

The question as to the existence or otherwise of ‘true’ multiparty democracy in Nigeria is one that has consistently begged for answer among political scholars at various levels of government. The said question also raises the issue as to the possibility or otherwise of achieving a viable and credible opposition to strengthen democracy in Nigeria. Existing literature shows that party defection is rampant in Nigeria’s democratic system due to the nature of the country’s democratic process. This notwithstanding, the paper is borne out of the March 8, 2022 judgment of the Federal High Court of Nigeria sacking the Governor of Ebonyi State and his Deputy from office on account of party defection. It is on this premise that this paper made a wholistic appraisal of the relevant constitutional provisions on removal of political office holders on grounds of having defected from the political party that sponsored them during their election to another political party. It critically analyzed the concept of defection and its implications on the political dynamics in Nigeria. This paper then considered the propriety or otherwise of the decision of the Federal High Court of Nigeria removing the Ebonyi State Governor and Deputy Governor from both legal and socio-political perspectives. This paper found that though it may be socio-politically desirable to reduce incidents of defection among political office holders, the said decision of the Federal High Court of Nigeria is insufficient to put the issue at rest, in view of the different decisions of the Supreme Court in her earlier decisions in relation to who can be declared winner of an election, such that an authoritative decision of the Supreme Court may be required to clear the air.