The fresh amendment to the recently signed 2026 Electoral Act where the House of Representatives proposed a N10 million fine or two years imprisonment for anybody who is a member of more than one political party has become a subject of discussion in political circles.
According to political pundits, the move raises fresh concerns about the preparedness and willingness of the ruling All Progressives Congress, APC-led Federal Government under President Bola Tinubu to provide a level playing field for all political actors.
The presence of a level playing field, according to analysts, would be one of the preconditions for free, fair and credible elections in 2027, while its absence would present a contrary situation.
Recall that the lower legislative chamber of the National Assembly yesterday passed a fresh amendment to the Electoral Act 2026, which was signed into law just last month by President Tinubu.
The fresh amendment, which was taken through first and second reading as well as committee consideration and third reading at plenary, yesterday, introduced three new clauses to Section 77 of the Electoral Act, which deals with membership of political parties.
The proposed legislation prescribed a fine of N10 million and a maximum of two years imprisonment for anyone found guilty of belonging to more than one political party at the same time, as well as the loss of membership of both parties.
The legislation, sponsored by the House Leader, Julius Ihonvbere, states that, “A person shall not be registered as a member of more than one political party at the same time.
“Where it is established that a person is registered as a member of more than one political party at the same time, such dual membership shall be void and the person shall cease to be recognised as a valid member of any political party pending regularisation, in accordance with the provisions of this Act and the constitution of the political party concerned.
“A person who knowingly registers or maintains membership in more than one political party at the same time commits an offence and is liable on conviction to a fine of N10 million or imprisonment for a term of two years or both.”
The proposal immediately created a sharp division among the lawmakers, While some lawmakers threw their weight behind it and some strongly kicked against it, others called for caution.
Chairman, House Committee on Solid Minerals, Jonathan Gaza, while expressing support for the bill, said it would be mischievous for anyone to register as a member of two political parties.
However, the chairman, House Committee on University Education, Abubakar Fulata, said the proposed alteration was seemingly in conflict with Section 40 of the 1999 Constitution (as amended).
He said: “This proposed amendment seems to be in contravention of Section 40 of the Constitution of the Federal Republic of Nigeria, as amended, which guarantees the freedom of association at any time.
“Instead of denying the membership of two parties, I think we should recommend that you be limited to only one. Denying him the freedom to associate with all the political parties to which he might have belonged is a contravention of his right under Section 40 of the Constitution.”
The deputy speaker, Benjamin Kalu, who presided over the plenary, in his intervention, stated that individuals should identify with a political party that suits their ideologies, rather than registering in multiple political parties, insisting that dual party membership was ‘fraudulent misrepresentation.’
Apart from the lawmakers, other Nigerians, particularly from the opposition parties, have also condemned the proposed amendment, describing it as unconstitutional as it infringes on the citizens’ right to freedom of association.
Leading the voices against the proposed amendment is the leader of the Social Democratic Party (SDP) and the party’s presidential candidate in the 2023 elections, Prince Adewole Adebayo. He described the move as unconstitutional and a threat to democratic freedoms.
He said the bill violates the constitutional right of citizens to freely associate with any political organization, insisting that the legislation contradicts Section 40 of the Nigerian Constitution, which guarantees freedom of association.
“It is unconstitutional to punish a person for joining political parties. You cannot legislate that someone cannot join three political parties if they want to,” Adebayo said.
The SDP chieftain argued that the law only allows a politician to be sponsored by one political party during an election but does not prohibit membership in multiple political associations.
He accused lawmakers of turning the legislature into what he described as a “theatre of the absurd,” alleging that the proposed bill is aimed at protecting the administration of President Bola Tinubu and the ruling All Progressives Congress (APC) from internal political instability.
“They are legislating for one person. What they are doing is legislative lynching,” he said.
In his contribution, a lawyer and public affairs analysts, Maarcellus Onah also argued that the ruling party fears a potential wave of defections as dissatisfaction grows among its members amid economic hardship and security challenges across the country.
He noted that the poor state of the economy coupled with the worsening security situation in the country as well as the poor general welfare of Nigerians, have led to a significant decline of public confidence in the government.
“So, the proposed legislation is intended to prevent politicians within the ruling party from abandoning it if political conditions worsen,” he stated.
He also lampooned members of the National Assembly for allegedly failing to hold the executive accountable and urged Nigerians to remove them from office in future elections.
“The National Assembly is the enabler of many of the problems we complain about. It is their constitutional duty to ensure that the executive obeys the constitution, but instead of rising to that important constitutional role, they simply chose to approve whatever that is sent to them,” he lamented.
He also alleged that some lawmakers who are pushing the anti-defection proposal had, at one time or the other, switched political loyalties.
However, one would wonder why the ruling APC is not comfortable with the current electoral law considering the fact that it has over 30 governors out of the 36 state governors, and an overwhelming majority in both chambers of the national assembly.
But, responding to the APC’s growing political dominance, Adebayo said the numbers were achieved largely through political maneuvering rather than electoral support.
He argued that defections among politicians do not necessarily reflect the mood of ordinary Nigerians.
“The fact that you capture the governors does not mean the people are happy with you,” he said, adding: “It is the people who will have the final say.”
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