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Defections without Consequences? Rethinking the Legal Gaps in Nigeria’s Executive Political Migration

Author

Listed:
  • Ogechi Jessica Megbele

    (Delta State University, Nigeria)

  • Ejiro Tessy Kore-Okiti

    (Delta State University, Nigeria)

  • Kingsley Omote Mrabure

    (Delta State University, Nigeria)

Abstract

Political defections have become a recurring and controversial feature of Nigeria’s democratic landscape, particularly among executive office holders such as governors and the president. While party-switching is not inherently unconstitutional, the Nigerian legal framework appears to tolerate executive defections without imposing tangible consequences, unlike the legislative branch where limited checks exist under Sections 68 and 109 of the 1999 Constitution. This paper critically examines the legal, institutional, and judicial gaps that have allowed these defections to go largely unpunished, undermining political stability, public trust, and democratic accountability. Drawing on doctrinal analysis, recent case studies from 2015 to 2025, and comparative insights from India and South Africa, the paper reveals that Nigeria’s constitutional silence on executive defection has emboldened opportunistic political migration. It argues for urgent legal reform to safeguard political integrity and suggests targeted constitutional amendments and statutory provisions that could introduce deterrents and ensure accountability among executive defectors.

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Handle: RePEc:epw:politi:v:4:y:2025:i:4:id:8176
DOI: 10.24018/ejpolitics.2025.4.4.176
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