DEFECTION OF LAWMAKERS IN THE NATIONAL ASSEMBLY

With the fallout of 5 of the nPDP governors culminating in their defection to APC, a lot of opinions have been expressed especially as it borders on the composition of the legislature. While some have expressed positions such as Members of the legislature who intend to defect to APC might lose their seats, it has become pertinent to post statutory conditions for defection by members of the National Assembly;

The 1999 Constitution allows defection of lawmakers if there is division in any political party.

Section 68 (1) says: “ A member of the Senate or the House of Representatives shall vacate his seat in the House which he is a member if -

(a) he becomes a member of another legislative house;

(b) any other circumstance arise that, if he were not a member of the Senate or the House of Representatives, would cause him to be disqualified for election as a member;

(c) he ceases to be a citizen of Nigeria;

(d) he becomes President, Vice President, Governor, Deputy Governor or a Minister of the Government of the Federation or a Commissioner of the Government of a State or a Special Adviser;

(e) save as otherwise prescribed by this Constitution, he becomes a member of a Commission or other body established by the Constitution or by any other law;

(f) without just cause he is absent from meetings of the House of which he is a member or a period amounting in the aggregate to more than one-third of the total number of days during which the House meets in any one year;

(g) being a person whose election to the House was sponsored by a political party, he becomes a member of another political party before the expiration of the period for which that House was elected:

“Provided that his membership of the latter political party is not as a result of a division in the political party of which he was previously a member or a merger of two or more political parties or factions by one of which he was previously sponsored.”