Cross-Carpeting and Party Primaries: Oredo NDC Rep Aspirant, Dr. Igbinosa Ogbeide-Ihama, Calls for Strict Adherence to Electoral Laws
ABUJA – The House of Representatives aspirant for Oredo Federal Constituency on the platform of the Nigeria Democratic Congress (NDC), Dr. Igbinosa Ogbeide-Ihama, has called for unwavering adherence to the provisions of the 1999 Constitution (as amended) and the Electoral Act 2026, stressing that respect for constitutional order and internal party democracy remains indispensable to the integrity of Nigeria's electoral process.
Dr. Ogbeide-Ihama made the call in a comprehensive opinion article titled, "Cross-Carpeting, Party Primaries & The Law: What the Electoral Act 2026 Says About a Sitting Lawmaker Who Lost APC Primaries, Then Joined NDC," in which he examined the constitutional and electoral implications of a serving State House of Assembly member allegedly moving across multiple political parties within a single legislative tenure.
While deliberately withholding the identity of the individual referenced in the article, leadership and strategic scholar maintained that the issues raised transcend partisan politics and present fundamental constitutional questions concerning the sanctity of electoral mandates, party discipline and democratic accountability. According to him, the legitimacy of public office derives not only from electoral victory but also from continuous compliance with constitutional and statutory provisions governing political participation.
Anchoring his position on Section 109(1)(g) of the 1999 Constitution (as amended), Dr. Ogbeide-Ihama argued that a legislator elected on the platform of a political party who defects to another political party before the expiration of his tenure may become liable to vacate the seat, except where such defection falls within the constitutional exceptions recognised by law. He noted that the provision was designed to discourage indiscriminate political defections capable of undermining the mandate freely conferred by the electorate.
The Oredo Federal Constituency aspirant further contended that the Electoral Act 2026 strengthened Nigeria's democratic architecture by making compliance with party membership requirements and properly conducted primary elections mandatory for the emergence of candidates. He maintained that political parties must faithfully adhere to internal democratic procedures, warning that any deviation from statutory requirements could expose candidate nominations to judicial scrutiny through pre-election litigation.
In advancing his legal argument, Dr. Ogbeide-Ihama cited judicial authorities, including Amaechi v. INEC, Attorney-General of the Federation v. Atiku Abubakar and PDP v. INEC, asserting that Nigeria's electoral jurisprudence consistently affirms the constitutional significance of party sponsorship and due process in the nation's democratic system.
He urged the Independent National Electoral Commission (INEC), legislative leadership, political parties and civil society organisations to ensure strict compliance with constitutional provisions regulating party defections, candidate nominations and party primaries. According to him, public confidence in democratic institutions can only be sustained where the rule of law is applied impartially and consistently.
Dr. Ogbeide-Ihama further observed that internal party democracy has evolved beyond a political ideal into a legal obligation, adding that aspirants who have faithfully participated in party-building and primary elections deserve fairness and equal opportunity. He cautioned against practices capable of weakening political institutions or eroding public trust in the electoral process.
He concluded that Nigeria's democratic future depends on strengthening constitutionalism, accountability and institutional integrity, expressing optimism that faithful implementation of the Constitution and the Electoral Act would further consolidate democratic governance and preserve the credibility of electoral mandates.
The intervention comes amid increasing political realignments ahead of future elections, with constitutional lawyers, political stakeholders and election observers continuing to advocate stronger enforcement of laws regulating party defections and internal democracy as essential pillars of Nigeria's constitutional democracy.
Editor's Note: This report is based on a public opinion article authored by Dr. Igbinosa Ogbeide-Ihama. The legal views expressed are those of the author and should not be construed as judicial findings. Any dispute concerning the constitutional status, nomination or eligibility of any public office holder remains subject to determination by the appropriate courts and relevant constitutional authorities.
