Defection: NDC’s Affidavit Can’t Override Constitutional Rights Of Members – CISLAC

The Civil Society Legislative Advocacy Centre (CISLAC) has said the decision of the Nigeria Democratic Congress (NDC) to introduce an anti-defection policy via an affidavit cannot override the constitutional right of members to freedom of association as enshrined in the constitution.

Executive Director of CISLAC/Head of Transparency International Nigeria, Auwal Ibrahim Musa-Rafsanjani in an interview with LEADERSHIP said as much as it recognises the reason behind the act, political parties cannot override constitutional provisions through private agreements, indemnity forms or affidavits.

NDC on Tuesday made its candidates sign an affidavit that they won’t defect from the party after they win occupy elective offices on the party’s platform.

Musa-Rafsanjani said, “While political parties have the right to establish internal rules aimed at promoting discipline, ideological consistency, and accountability among their members, such measures must be carefully examined within the context of Nigeria’s constitutional framework.

“The Constitution of the Federal Republic of Nigeria guarantees citizens the fundamental right to freedom of association, including the right to join, remain in, or leave any political party. This right is protected under Section 40 of the Constitution and forms an essential pillar of democratic governance.

“Therefore, any party policy that seeks to restrict or permanently curtail an individual’s constitutional freedom of association may face significant legal and constitutional challenges. Political parties cannot override constitutional provisions through private agreements, indemnity forms, or affidavits.”

The CISLAC executive director said it recognised the growing concern over the culture of political defections in Nigeria, which has weakened party ideology, undermined voter confidence, and contributed to political instability.

“Many defections are driven not by principle or policy differences but by personal political calculations, thereby eroding the integrity of the electoral process.

“The introduction of such a policy reflects public frustration with opportunistic defections and signals an attempt by political parties to strengthen internal discipline and preserve the mandate given to them by voters. Nevertheless, the solution to the problem of defections should not come at the expense of constitutionally guaranteed rights.

“What Nigeria requires is a broader constitutional and electoral reform process that clearly defines the circumstances under which elected officials may lose their seats upon defection, while balancing the rights of individuals with the need to protect the mandate entrusted by voters. Such reforms should emerge through legislative and constitutional processes rather than unilateral party directives.”

CISLAC however called for comprehensive review of constitutional and electoral provisions relating to political defections.

It stressed the need for stronger internal party democracy to reduce grievances that often trigger defections.

“Greater ideological clarity among political parties to ensure that political competition is based on policies and principles rather than personalities. Respect for fundamental rights guaranteed under the Constitution while promoting accountability to voters.

“Ultimately, the challenge is to strike a balance between party discipline and constitutional freedoms. Any effort to address the problem of defections must be firmly rooted in the rule of law, democratic principles, and constitutional safeguards.”