When a legislator wins an election does the seat belong to him/her or the party that sponsored the candidate? To stretch even further, does the seat belong to the people that printed their finger on the ballot?


If you say the legislator, then it should be possible for that person to will his/her seat to a successor in case of death.

If you say the party, then it should be possible for the party to just remove a legislator from chamber for anti-party activities, after they have been sanctioned by the party.

If you say the people own the seat, then in a recall are they firing the party or the legislator?


Below is a specimen of a ballot paper. Party name is on paper and a space to print finger and indicate the party being voted for, no name or picture of candidate.

To me it appears a seat on a ballot is a contract between party and the people only. The party wins the seat and they choose who they want to occupy the seat. The people give to the party their mandate to govern on their behalf.

If the people are not satisfied with the legislator they can recall him.

The party can remove a legislator by impeachment.

A legislator can abandon party by defection.

When a legislator defects to opposition party can he/she continue to occupy the ballot victory earned by the ruling party?

Give your thoughts.

I think it's the party but there are exceptions.

Someone below might have a better input to this

The candidate.

Ask Tambuwal 2014.

the party... at least in Nigeria...


aspirants for any elective position in national politics MUST be sponsored by a political party, as such an aspirant cannot, on his/her own, aspire as an independent candidate (until that is passed into law).


even the proviso that allows switching of political parties recognises only divisions within the party, the division within the party being key.


a candidate may be popular, but his popularity is useless if he cannot get his party's ticket...


so party politics reigns supreme...

CodeTemplar:
The candidate.

There are many cases to bring forth to counter this statement.

In 2014 in Ekiti, the governorship candidate, Fayemi accepted defeat but APC went to tribunal to challenge Fayose.

2015 in Kogi, Audu Abubakar, APC candidate died before taking oath of office, APC side stepped the Deputy, Faleke, and brought up Yahaya Bello.

In 1999, Atiku Abubakar had won governorship of Adamawa but before taking oath was called up to VP for Obj. INEC wanted to conduct new election but PDP went to court and won and put Atiku's deputy in as governor, who then picked a new deputy.


In each of these case examples the Party over ruled the candidate.

Many Nigerians are aware of the Constitution but few are aware and familiar with the Electoral Act of 2011. A party has enormous powers beyond imagination.

In 2014, PDP was busy chopping money indiscriminately that they screw.ed up and failed to act in the case of nPDP defection into APC. That doesn't mean APC cannot act in its interest and resolve r-APC defectors.

In fact if Oshiomhole was Chairman when the saga of Saraki coup to become Senate President happened, the outcome would have been different.

Oshiomhole was for many years the head of Labor Union. In many European countries Labor Union is a party on its own worth. So bringing Oshiomhole to chair APC will unfold plenty dramas, many that we have not known were possible in our political space.

Interesting thread to learn from.

ivandragon:
the party... at least in Nigeria...


aspirants for any elective position in national politics MUST be sponsored by a political party, as such an aspirant cannot, on his/her own, aspire as an independent candidate (until that is passed into law).


even the proviso that allows switching of political parties recognises only divisions within the party, the division within the party being key.


a candidate may be popular, but his popularity is useless if he cannot get his party's ticket...


so party politics reigns supreme...

That is the KEY!

Independent candidates can float, and only can be recalled by the people. As a legislator, independent can form free alliances and vote across party platforms indiscriminately, which a party legislator cannot do without being sanctioned for anti-party acts .

the last kogi state election taught me that POWER BELONGS TO THE PARTY NOT THE PEOPLE

It's the party. The mandate is entrusted to a person. If you leave the party you resign your seat and INEC should conduct a bye-election

Amechi was made a governor using this principle. He was not even on the original first term ballot. All the defection PDP senators did recently was absolutely rubbish. It is going to bite them hard at the supreme court,

SternProphet:
It's the party. The mandate is entrusted to a person. If you leave the party you resign your seat and INEC should conduct a bye-election

Amechi was made a governor using this principle. He was not even on the original first term ballot. All the defection PDP senators did recently was absolutely rubbish. It is going to bite them hard at the supreme court,

Im not familiar with that. What happened in Amaechi's case?

Educating thread. I am learning something interesting here

BabaRamota1980:


Im not familiar with that. What happened in Amaechi's case?

Amechi was cheated during primaries of PDP. Omehia was imposed as PDP candidate, contested and won as governor, was in office for almost two years before being removed by the court on the basis that he did not win the primaries of PDP legally. The judgement did not give the office to any other party but same PDP but it changed the governor.
This judgement only worked based on the reasoning thst the party OWNS the seat or office. We actually vote party when we go put to vote.
When you switch parties after winning the seat, you are breaking two contracts, one with your party and the other with the electorate.

^^^
Exactly!

The ballot is a contract and two people are signing it on election day, the people as principal and the party as designate.

The principal owns government, the party is their designate to run government. They trust the party to put their mandate in capable hands. The candidate is thus the trust that run the business of government and accountable to both the party and the people.

Thank you.

Nairaland is not a law court. If you think you know, go to court, for now,once a party is fractionalised, everyone elected on that platform can defect.

It is the party no doubt.. Because when u go in there to cast you vote, it is the party logo u see on the ballot papers... But the law says once a party is divided and breaks into one or two fractions, the candidate can switch to any party of his or her choice.. That was why before the mega defections in 2014, PDP aggrieved governors and law makers ensured they come up with the idea of NPDP so that they can have a case at the court and now in 2018 we are seeing RAPC..

The party not the candidate

Frankiss44:
It is the party no doubt.. Because when u go in there to cast you vote, it is the party logo u see on the ballot papers... But the law says once a party is divided and breaks into one or two fractions, the candidate can switch to any party of his or her choice.. That was why before the mega defections in 2014, PDP aggrieved governors and law makers ensured they come up with the idea of NPDP so that they can have a case at the court and now in 2018 we are seeing RAPC..

The interpretation and ruling out of Supreme Court is that the party must pass a functionality test. In other words, did the factionalization resulted in the party's ability to function or not...

SternProphet:
It's the party. The mandate is entrusted to a person. If you leave the party you resign your seat and INEC should conduct a bye-election

Amechi was made a governor using this principle. He was not even on the original first term ballot. All the defection PDP senators did recently was absolutely rubbish. It is going to bite them hard at the supreme court,

I[b]t can't, that is the reasons they form r-APC because I can only decamp when there is internal problem or faction unlike that of Akpabio.[

The Legislator owns The Seat 'cos of The Independence of The Legislature.

SternProphet:


Amechi was cheated during primaries of PDP. Omehia was imposed as PDP candidate, contested and won as governor, was in office for almost two years before being removed by the court on the basis that he did not win the primaries of PDP legally. The judgement did not give the office to any other party but same PDP but it changed the governor.
This judgement only worked based on the reasoning thst the party OWNS the seat or office. We actually vote party when we go put to vote.
When you switch parties after winning the seat, you are breaking two contracts, one with your party and the other with the electorate.

Going by the Amaechi scenario, that means a repeat could be witnessed in the case of the last Ondo governoship primaries, where Oyegun the party chair overruled the NWC report that recommended that the governorship primary be cancelled and repeated on account of malpractices in favour of the winner. That case is still in court as the aggrieved candidate who came second in the primary is suing to be recognised as the winner and rightful candidate of the party. The Amaechi case really set an interesting precedence with far-reaching implications.

shugabasbn:


I[b]t can't, that is the reasons they form r-APC because I can only decamp when there is internal problem or faction unlike that of Akpabio.[

Faction is not the focus of the law. If you like throw up 10 factions. What the law wants to know is whether after the factionalization happened it was so disruptive that the party ceased to function.

Has APC ceased to function?

[s]

BabaRamota1980:
When a legislator wins an election does the seat belong to him/her or the party that sponsored the candidate? To stretch even further, does the seat belong to the people that printed their finger on the ballot?


If you say the legislator, then it should be possible for that person to will his/her seat to a successor in case of death.

If you say the party, then it should be possible for the party to just remove a legislator from chamber for anti-party activities, after they have been sanctioned by the party.

If you say the people own the seat, then in a recall are they firing the party or the legislator?


Below is a specimen of a ballot paper. Party name is on paper and a space to print finger and indicate the party being voted for, no name or picture of candidate.

To me it appears a seat on a ballot is a contract between party and the people only. The party wins the seat and they choose who they want to occupy the seat. The people give to the party their mandate to govern on their behalf.

If the people are not satisfied with the legislator they can recall him.

The party can remove a legislator by impeachment.

A legislator can abandon party by defection.

When a legislator defects to opposition party can he/she continue to occupy the ballot victory earned by the ruling party?

Give your thoughts.

[/s]

Buhari will soon join PDP