In a stunning revelation that has sent shockwaves through Nigeria's political landscape, former Presidential Liaison Officer to the National Assembly, Senator Ita Enang, has declared that numerous federal lawmakers have automatically lost their legislative seats due to improper defections.
The constitutional expert, speaking exclusively to our correspondents, emphasized that the Nigerian Constitution clearly stipulates that elected officials cannot legally defect from their political parties without evidence of substantial division within those parties.
Constitutional Crisis Unfolding
According to Senator Enang, who also serves as a Senior Advocate of Nigeria, the recent wave of defections among legislators lacks the constitutional foundation required to make such moves legitimate. "The moment they defected without meeting the constitutional requirements, they technically vacated their seats," Enang stated unequivocally.
The legal luminary pointed to Section 68(1)(g) of the 1999 Constitution as amended, which provides the only valid grounds for defection: a division within the political party that sponsored the lawmaker's election.
What Constitutes Proper Division?
Enang elaborated on what qualifies as legitimate party division under Nigerian law:
- Fundamental disagreements that fracture the party's national leadership
- Irreconcilable conflicts that prevent the party from functioning effectively
- Formal splits recognized by the party's constitutional structures
- Documented evidence of factionalization at the highest levels
"The division must be substantial, affecting the national structure of the party, not merely local disagreements or personal grievances," Enang clarified.
Political Earthquake in the Making
This interpretation of constitutional law could potentially trigger a massive shakeup in both the Senate and House of Representatives. Numerous lawmakers across party lines have changed political affiliations in recent months, many without demonstrating the required party division.
The implications are profound: if enforced, this constitutional provision could see dozens of legislative seats declared vacant, necessitating bye-elections across the country and potentially altering the balance of power in the National Assembly.
Legal Precedents and Enforcement
Senator Enang referenced previous court rulings that have upheld this constitutional provision, noting that the judiciary has consistently maintained that defection without proper cause results in automatic vacation of seat.
"The constitution is clear, and the courts have been consistent in their interpretation. The seats belong to the political parties that sponsored the elections, not to individuals who can hop from one party to another at will," Enang emphasized.
This development comes at a critical juncture in Nigeria's political calendar, with potential ramifications for upcoming elections and legislative proceedings.
