LOCUS STANDI AND JURISDICTION FOR POLITICAL PARTY DEFECTION CASES UNDER THE NIGERIAN 1999 CONSTITUTION: A CRITICAL OVERVIEW

Abstract

The Constitution of the Federal Republic of Nigeria 1999 provided for anti-party defection clauses through sections 68 (1) (g) and 109 (1) (g) as effective checks on National Assembly and State Houses of Assembly members respectively. The same Constitution conferred on the presiding officers of these legislative houses, the power to enforce these crucial provisions before their members, based on “satisfactory evidence” vide sections 68 (2) and 109 (2).
It conferred the Jurisdiction for this subject matter on the Federal High Court by the provisions of sections 251 (4) and 272 (3) respectively, in the aftermath of the 2010 Alteration Act.
But in apparent deviation from the above-ordained constitutional provisions, political parties and other persons have instituted actions in Federal High Court without the input of the presiding officers of the legislative assemblies as required by the Constitution. The Court has despite the obvious constitutional infraction, declared legislative seats vacant. The case of Abegunde v. Ondo State House of Assembly & Ors is an eloquent reference point. In short, the innovation introduced by the 1999 Constitution to curb the lacuna inherent in its predecessor – the 1979 Constitution, has not been imbibed by all cadres of Nigerian courts of record. This paper has spotlighted these crucial issues and proffered desired solution measures.