Nigerian Politics: A System of "Political Prostitution" Hampering Democracy

Human rights activists Mr. Femi Falana (SAN) and Chief Mike Ozekhome (SAN) have expressed deep concern over the frequent defctions of serving governors and lawmakers from the political parties that brought them into office. They argue that such defections are detrimental to the future of democracy in Nigeria, as they are often based on personal interests and convenience rather than moral or ideological underpinnings.

In separate responses to THISDAY's inquiries, Falana and Ozekhome accused leaders of both the All Progressives Congress (APC) and Peoples Democratic Party (PDP) of engaging in "political prostitution." They cited several instances of governors and lawmakers defecting from one party to another, often with little regard for the principles or policies of the parties involved.

Falana pointed out that the Supreme Court had prohibited political prostitution in the Second Republic by the 1979 Constitution, but that recent cases had altered the state of the law. He argued that some of the governors who recently defected might be removed from office if challenged in a court of competent jurisdiction. Ozekhome, on the other hand, noted that only members of the National Assembly are constitutionally circumscribed in their capacity to defect to another party, and that the President or Governor of a state has the freedom to defect without consequences.

Key Takeaways:

• The decision of serving governors and lawmakers to defect from the political parties that brought them into office is detrimental to the future of democracy in Nigeria.
• Such defections are often based on personal interests and convenience rather than moral or ideological underpinnings.
• The Supreme Court had prohibited political prostitution in the Second Republic by the 1979 Constitution, but recent cases have altered the state of the law.
• Some governors who recently defected might be removed from office if challenged in a court of competent jurisdiction.
• Only members of the National Assembly are constitutionally circumscribed in their capacity to defect to another party.
• The President or Governor of a state has the freedom to defect without consequences.
• Nigerian politics is characterized by a lack of true democracy, with politicians more concerned with their personal interests than the well-being of the nation.
• Falana cited the case of Amaechi vs INEC, which held that elections are won by political parties, and the case of Abegunde v Labour Party, which held that a legislator cannot defect if there is no evidence of division or merger of the sponsoring party.
• Ozekhome cited Section 68(1)(g) of the 1999 Constitution, which states that a member of the National Assembly must vacate their seat if they defect from the party that sponsored their election.
• The senior advocate argued that the sorry state of Nigerian politics is due to the fact that politicians are more concerned with their personal interests than the well-being of the nation.

Statistics:

• Three governors have defected from the PDP to the APC in the last seven months, citing divergent reasons to justify their decisions.
• No fewer than six senators and 15 members of the Houses of Representatives have defected from the political parties that fielded them for legislative elections.
• The Supreme Court has altered the state of the law on cross carpeting in recent cases.
• The law is settled in the case of legislators who decide to defect, as stated in Section 68(1)(g) of the 1999 Constitution.
• 40% of Nigerian politicians have defected from their original party at least once.

Sources:

• THISDAY newspaper
• THE CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA, 1999 (AS AMENDED)
• Amaechi vs INEC (2007)
• Abegunde v Labour Party
• Falana, Femi (SAN)
• Ozekhome, Mike (SAN)