A stormy session in the Senate on Thursday saw Senate President Godswill Akpabio and Deputy Senate President Barau Jibrin challenging the legality of Senator Enyinnaya Abaribe’s (Abia South) defection from the All Progressives Grand Alliance (APGA) to the African Democratic Congress (ADC).
The issue was raised by Barau, who cited Sections 65 and 68 of the Nigerian Constitution. The law requires a lawmaker who leaves the party that sponsored their election to vacate their seat, unless the defection results from a party division or merger.
Barau argued that there was no evidence of a crisis within APGA to justify Abaribe’s move. He suggested that Victor Umeh, former national chairman of APGA, investigate any internal party division and report back to the Senate President.
“I discovered that there isn’t any division in APGA, and there isn’t any in the Labour Party,” Barau said, emphasizing that the Senate must ensure that all defections comply with constitutional requirements.
He added that the reason given by Senator Abaribe, that he is defecting to prevent a one-party system in Nigeria, is not recognized by the Constitution.
Barau noted that Abaribe had cited one point in his letter that might legally cover him, but otherwise, his justification would fall outside the constitutional provisions governing defections.
Also contributing, Senator Adams Oshiomhole (Edo North) argued that there was no crisis in APGA or the Labour Party, noting that both parties maintain functioning leadership structures.
“I know for a fact that APGA has one chairman and a National Executive Council that is not in court. There are no issues of division or crisis within the party,” Oshiomhole said.
He added that the Labour Party’s leadership had been affirmed by the courts, emphasizing that pending appeals do not nullify existing judgments.
Oshiomhole urged the Senate to enforce constitutional provisions where necessary and warned against lawmakers defecting without valid grounds.
Senate Leader Opeyemi Bamidele (Ekiti Central) described the matter as significant for Nigeria’s democracy and constitutional order.
He suggested giving Abaribe an opportunity to reconsider his defection letter before the issue could be referred to the National Assembly’s legal department.
“If he insists, we may have no choice but to invoke the relevant provisions of the Constitution,” Bamidele said.
Presiding over the session, Akpabio clarified that the Constitution empowers him to act without necessarily seeking court intervention, stressing that any decision must align with legal provisions.
Senator Abaribe, however, defended his defection, stating that he had been expelled from APGA in September 2025.
“I have been sacked from my party since September 2025, and I have the letter here,” he said. “This section does not cover a situation where someone has been removed from their party.”
He further argued that senators must belong to a political party to retain their seats, making his transition to ADC lawful.
The debate follows the recent defection of nine senators from the PDP, Labour Party, and APGA to ADC,a move that has intensified political realignment within the Senate and triggered scrutiny over the legality of such shifts.
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