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 consistentlybegged for answer among political scholars at various levels of government. The said question also raises the issue asto 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 thecountry’s democratic process. This notwithstanding, the paper is borne out of the March 8, 2022 judgment of theFederal High Court of Nigeria sacking the Governor of Ebonyi State and his Deputy from office on account of partydefection. It is on this premise that this paper made a wholistic appraisal of the relevant constitutional provisions onremoval of political office holders on grounds of having defected from the political party that sponsored them duringtheir election to another political party. It critically analyzed the concept of defection and its implications on thepolitical dynamics in Nigeria. This paper then considered the propriety or otherwise of the decision of the FederalHigh Court of Nigeria removing the Ebonyi State Governor and Deputy Governor from both legal and socio-politicalperspectives. This paper found that though it may be socio-politically desirable to reduce incidents of defectionamong political office holders, the said decision of the Federal High Court of Nigeria is insufficient to put the issue atrest, in view of the different decisions of the Supreme Court in her earlier decisions in relation to who can be declaredwinner of an election, such that an authoritative decision of the Supreme Court may be required to clear the air.