NNPP drags INEC, lawmakers to court over defection processes

By Sunday Ani

The New Nigeria Peoples Party (NNPP) has dragged the Independent National Electoral Commission (INEC) and over forty lawmakers to the Federal High Court in Abuja over the defection of lawmakers elected on its platform in 2023, without completing the resignation processes.

The suit, filed through the party’s counsel, Lex Firma LP, sought judicial interpretation and enforcement of constitutional provisions governing the defection of elected legislators from the political parties on whose platforms they secured their mandates.

According to an affidavit filed in support of the originating summons, the NNPP is challenging the alleged defection of 45 lawmakers, comprising members of the Kano State House of Assembly, the House of Representatives and the Senate, who were elected on its platform in the 2023 general elections.

The party alleged that the affected lawmakers abandoned the NNPP and joined other political parties while still occupying the legislative seats they secured under its platform, without following the procedures it considered necessary to terminate their membership.

The party further alleged that some of the lawmakers had already been listed by INEC as candidates of other political parties for the 2027 general elections, raising questions about the legality of their nominations and continued occupation of their current legislative seats.

Specifically, the party identified some Kano State lawmakers whose names reportedly appeared on INEC’s final list of candidates for the 2027 State House of Assembly election as candidates of different political parties.

In a letter to INEC on October 19, 2026, the party said it had drawn the commission’s attention to the alleged defections and called for an investigation into the circumstances surrounding the lawmakers’ purported resignations and subsequent membership of other political parties.

It expressed concern that the affected legislators still had their names on the NNPP’s membership register while simultaneously being registered as members of other parties, a situation it argued violated the statutory provisions regulating political party membership.

The party also maintained that the alleged defections occurred without the requisite clearance from its Board of Trustees and electoral guidelines, citing Articles 8.2(a), 8.2(b) and 8.3(a) of its constitution.

The party relied on judgments delivered by the Abia State High Court on November 1, 2024, in Suit No. HUZ/11/2024, and the Court of Appeal on March 30, 2026, in Appeal No. CA/OW/271/2025, which affirmed the authority of its Board of Trustees and the founder of the party in matters relating to its administration.

The party further argued that it had neither merged with any political party nor ceased to exist as a registered political party, insisting that the circumstances surrounding the alleged defections did not fall within the constitutional exceptions that permitted legislators to defect without losing their seats.

The party, however, stated that it was seeking judicial determination of the constitutional implications of the alleged defections, particularly under Sections 68(1)(g), 68(2), 109(1)(g) and 109(2) of the 1999 Constitution, as amended.

“These provisions address circumstances under which members of the National Assembly and state houses of assembly may lose their seats, following a change of political party membership, subject to constitutionally recognised exceptions.

“We also want the relevant legislative authorities to be notified of the alleged defections and appropriate constitutional steps taken concerning the affected seats, including the possibility of declaring them vacant and conducting bye-elections,” the party said.

It stated that it was prepared to participate in any bye-elections lawfully conducted in the affected constituencies.

The affidavit in support of the originating summons was deposed to by Junia Oludare, a litigation secretary with Lex Firma LP, and sworn to at the Federal High Court Registry, Abuja, on October 27, 2026.

The Founder and Chairman of the party’s Board of Trustees, Dr Boniface Aniebonam, said the party would not accept interventions to backdate the resignation of members who failed to complete the process before the party notified INEC of their alleged non-compliance with its constitution.

He warned that any attempt to falsify resignation records would amount to criminality, urging individuals approaching its leaders to seek backdated documentation to desist from such acts.

In a letter to INEC on October 19, the party alleged that the Governor of Kano State, Abba Yusuf, 18 members of the House of Representatives, 28 members of the Kano State House of Assembly and two senators elected on its platform in 2023 had failed to fulfil the requirements for lawful resignation.

According to the party, the affected politicians had since moved to other political parties and were pursuing political ambitions ahead of the 2027 general elections without completing the necessary resignation procedures.

The current suit is expected to test the constitutional boundaries of political defection by elected lawmakers, the circumstances under which legislative seats may become vacant and INEC’s responsibilities in ensuring compliance with the electoral laws ahead of the 2027 general elections.