By Musa Baba Adamu
Legal scholar and Director of the Abuja School of Social and Political Thoughts, Dr Sam Amadi, has questioned the effectiveness of the Nigeria Democratic Congress (NDC)’s anti-defection policy, arguing that constitutional provisions ultimately determine whether elected officials can switch political parties.
Amadi made the assertion during an appearance on Arise Television’s Prime Time programme, monitored in Abuja, while reacting to the NDC’s decision to require candidates seeking elective offices on its platform to sign legal undertakings committing to vacate their seats if they defect after winning elections.
According to him, the policy attempts to address a political challenge through legal mechanisms that may not withstand constitutional scrutiny.
“The NDC cannot solve a political problem through constitutional interpretation. The NDC is trying to solve a political problem through a constitutional question, but that approach is flawed,” he said.
Amadi argued that political actors who believe their circumstances fall within constitutional exceptions for defection cannot simply be prevented from changing parties by an internal party agreement.
“It is not possible to lawfully exclude people from decamping if they believe their actions fall within the provisions of the constitution they signed,” he stated.
The policy was introduced by the NDC as part of efforts to curb the growing trend of elected officials abandoning the political parties that sponsored their elections.
However, Amadi maintained that any attempt to restrict defections must operate within the framework of constitutional provisions governing party membership and legislative seats.
“If individuals choose to change political parties, they are allowed to do so, provided their reasons fall within the exceptions outlined in the constitution. In such cases, the law applies as provided,” he added.
His comments have added a legal dimension to the ongoing debate over the NDC’s anti-defection measures, with supporters viewing the policy as a tool for party discipline and critics questioning its enforceability under Nigeria’s constitutional order.
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