₦airaland Forum

A lot of politicians who defected to other political parties after failing to secure the tickets of their former parties may ultimately find themselves facing disqualification challenges, irrespective of whether their names appeared on the membership registers of their new parties that were submitted to INEC before the May 10, 2026 deadline.

Many of these politicians now argue that they had already been registered members of the ADC, NDC, LP, and other political parties before the deadline, and that their names were duly captured in the registers submitted to INEC. However, that defence may create a more serious legal problem than it solves.

If they were indeed members of those parties before the deadline, how then do they explain purchasing nomination forms of another political party, subsequently presenting themselves for screening, affirming their membership before screening panels, participating in the primaries, and submitting themselves to the authority of the party as aspirants under its platform?

These were not passive or accidental acts. They were deliberate actions through which the politicians held themselves out to the other party, INEC and the public as bona fide party members seeking nomination under the party's platform.

Some may attempt to rely on backdated resignation letters. However, a resignation letter is only one piece of evidence. Against it would stand their own conduct. They appeared before the other party's screening committees, swearing to their eligibility as party members, participating in the party's primaries, and seeking the party's tickets long after they now claim to have become members of another political party.

The issue, therefore, is not merely whether their names appeared on another party's register before the INEC deadline. The real issue is whether their subsequent conduct constituted compelling evidence that they remained another party members at the material time, notwithstanding any claim to the contrary.

The Supreme Court's decision in the Uche Nwosu case demonstrated the judiciary's willingness to scrutinize situations involving conflicting political affiliations and nominations. While the facts are not identical, the underlying principle remains relevant. The electoral law does not look only at paperwork, it also examines the legal consequences of a candidate's actions.

For this reason, I foresee many of these candidacies being challenged in court. And if any of them go on to win elections, I would not be surprised to see their opponents approaching election tribunals and appellate courts to determine whether their conduct before and during the other party's primaries was compatible with their claim of having already become members of another political party.

'Tonye Barcanista

Self destruction loading. Let Tinubu leave fess

My Oga,

How does this concern Tinubu?

Gotocourt:
Self destruction loading. Let Tinubu leave fess

Obviously a waste of reading time.

No law can go against the basic law of freedom of association irrespective of how technically sound your argument can be

xtivin:
No law can go against the basic law of freedom of association irrespective of how technically sound your argument can be

His whole point is that dual party membership is not acceptable to the law, makes sense.

CharlotteFlair:
His whole point is that dual party membership is not acceptable to the law, makes sense.

Says who? You and the OP are not informed.

xtivin:
No law can go against the basic law of freedom of association irrespective of how technically sound your argument can be

You're extremely wrong

The OP have a point

AbosedeFalade:
Says who? You and the OP are not informed.

Okay, lecture me based on what you know.

CharlotteFlair:
Okay, lecture me based on what you know.

No part of the Nigerian law is against someone belonging to two different political parties at the same time.

CharlotteFlair:
His whole point is that dual party membership is not acceptable to the law, makes sense.

Sometimes I marvel at some of our people with their level of reasoning. They just jump "condemning" even when they lack understanding.

I have talked about that that the new electoral law set a trap for defecting

AbosedeFalade:
No part of the Nigerian law is against someone belonging to two different political parties at the same time.

Is this all you have to offer? Can you quote where the law encourage dual party membership? But you have seen the party laws punish members for anti party activities?

AbosedeFalade:
No part of the Nigerian law is against someone belonging to two different political parties at the same time.

Obviously, no constitution of any party permits members to retain membership of another party.

The Electoral Act clearly stipulates that an aspirant name must be in the register that the party submits to INEC 21 Days before their scheduled primaries.

So if an aspirant name appears in two registers, the aspirant presents himself to the two parties for screening with sworn affidavit of his membership of that party without notifying the party of his resignation or membership of other party. He clearly floats the constitution of both parties.

When Ugwunba Nwosu was disqualified, no law objected dual party nomination, but it was implied by the Supreme Court when they scrutinized the fact.

TonyeBarcanista:
Sometimes I marvel at some of our people with their level of reasoning. They just jump "condemning" even when they lack understanding.

That's why we are where we are today. No joy anywhere.

CharlotteFlair:
Is this all you have to offer? Can you quote where the law encourage dual party membership? But you have seen the party laws punish members for anti party activities?

I don't even understand the gentleman. If the law doesn't bar dual party membership, why do politicians resign?

TonyeBarcanista:
I don't even understand the gentleman. If the law doesn't bar dual party membership, why do politicians resign?

The impunity of politicians in this dispensation is mind boggling. Look at the Rivers guy Chinda for example. It's because they know they have the courts in their pockets not minding whose ox is gored.

AbosedeFalade:
No part of the Nigerian law is against someone belonging to two different political parties at the same time.

It's now a criminal offense to register in more than one political party.

Ignorance may be bliss but it's no excuse before the law.

AbosedeFalade:
No part of the Nigerian law is against someone belonging to two different political parties at the same time.

Section 77 of the Electoral Act. The core provisions state:

Prohibition: "A person shall not be registered as a member of more than one political party at the same time."

Invalidity: Where dual membership is established, such registration is void, and the person ceases to be recognized as a valid member of any political party until the situation is regularized.

Criminal Offense: "A person who knowingly registers or maintains membership in more than one political party at the same time commits an offence."

Penalties
Upon conviction, an offender is liable to:

A fine of ₦10,000,000 (Ten Million Naira);
Imprisonment or a term of two years; or
Both the fine and imprisonment

CharlotteFlair:
Is this all you have to offer? Can you quote where the law encourage dual party membership? But you have seen the party laws punish members for anti party activities?

Once again, no law in the country is against someone holding dual party membership in the country. The OP has acknowledged this fact too in his reply to me, and on his follow-up argument about INEC 21 Days, not all aspirants as he asserted can be removed by the court. The reason for this is that someone for example that purchased party's A forms but was not cleared by the party before May 10 submission of the party register to INEC who failed to resign from party A and goes ahead to party B and got registered and cleared between 8-9 May would not have violated the law if party B conducted its primary on from May 29 like some parties have done.

TonyeBarcanista:
Obviously, no constitution of any party permits members to retain membership of another party.

The Electoral Act clearly stipulates that an aspirant name must be in the register that the party submits to INEC 21 Days before their scheduled primaries.

So if an aspirant name appears in two registers, the aspirant presents himself to the two parties for screening with sworn affidavit of his membership of that party without notifying the party of his resignation or membership of other party. He clearly floats the constitution of both parties.

When Ugwunba Nwosu was disqualified, no law objected dual party nomination, but it was implied by the Supreme Court when they scrutinized the fact.

Concerning INEC 21 Days, not all aspirants as you asserted can be removed by the court. The reason for this is that someone for example that purchased party's A forms but was not cleared by the party before May 10 submission of the party register to INEC who failed to resign from party A and goes ahead to party B and got registered and cleared between 8-9 May would not have violated the law if party B conducted its primary from May 29 like some parties have done.

xtivin:
No law can go against the basic law of freedom of association irrespective of how technically sound your argument can be

My friend, this has nothing to do with freedom of association.

In southern Nigeria we still have bigamy laws in place that frown on marrying more than one wife at a time.

In Nigerian law, you can not identify legally as being from more than one state , even if your parents are from different states.

In same Nigerian law, automatically criminalises members of a secret cult as secret cults are banned and criminalised in Nigeria . Being a member of a secret cult automatically sets you up for conviction.

In same Nigeria, anyone established to be a member or affiliated to a proscribed terrorist organization automatically gets labelled as a terrorist and will face the full brunt of the law as a terrorist.

FSBoperator:
It's now a criminal offense to register in more than one political party.

Ignorance may be bliss but it's no excuse before the law.

Keep quite. Criminalization of dual membership of political parties is not yet legally binding. That part of the electoral act is still a "bill" not "law."

AbosedeFalade:
Concerning INEC 21 Days, not all aspirants as he asserted can be removed by the court. The reason for this is that someone for example that purchased party's A forms but was not cleared by the party before May 10 submission of the party register to INEC who failed to resign from party A and goes ahead to party B and got registered and cleared between 8-9 May would not have violated the law if party B conducted its primary on from May 29 like some parties have done.

The electoral act is very broad and states not only membership of a party as contained in a Political party register but also any one who had shown an interest to contest in an election under a political party automatically is barred from contesting on another platform irrespective if the person goes through the screening stage.

Once you pick up a nomination form under a political party, you are not allowed to contest under another party.

FSBoperator:
The electoral act is very broad and states not only membership of a party as contained in a Political party register but also any one who had shown an interest to contest in an election under a political party automatically is barred from contesting on another platform irrespective if the person goes through the screening stage.

Once you pick up a nomination form under a political party, you are not allowed to contest under another party.

You are not smart. Law is not emotional. My last reply to you on this because you are not smart enough for me.

AbosedeFalade:
Keep quite. Criminalization of dual membership of political parties is not yet legally binding. That part of the electoral act is still a "bill" not "law."

Ok oh

Something that was signed into law by Tinubu as part of the Electoral Ammended Act of 2026.

As I said, ignorance is bliss.

Even common obidients who registered in LP but did not tender their resignation letter when they moved with Agulu fraudster to ADC are in serious contravention of this Act.

AbosedeFalade:
You are not smart. Law is not emotional. My last reply to you on this because you are not smart enough for me.

It seems you guys like being schooled on the law by a judge

You don't know law

AbosedeFalade:
Concerning INEC 21 Days, not all aspirants as you asserted can be removed by the court. The reason for this is that someone for example that purchased party's A forms but was not cleared by the party before May 10 submission of the party register to INEC who failed to resign from party A and goes ahead to party B and got registered and cleared between 8-9 May would not have violated the law if party B conducted its primary on from May 29 like some parties have done.

The entire point of the ammended law is to prevent what you are trying to defend.

Once you show interest by picking up a nomination form from a particular party you are automatically barred from contesting in another party irrespective of withdrawing from the internal party race and rendering a resignation letter..

Someone like Omo-Agege who went as far as contesting the APC senatorial primaries is in serious contravention if he is nominated by NDC to contest the election proper.

Whoever hires you as a lawyer, has a full for a client.

AbosedeFalade:
You are not smart. Law is not emotional. My last reply to you on this because you are not smart enough for me.

And I have described whoever would hire you as a lawyer being a full.

By the way, what is emotional about my response here?

It is you that is throwing tantrums in trying to juxtapose your limited understanding of the law based on emotions.

It is you being emotional here trying to defend the indefensible.

AbosedeFalade:
Once again, no law in the country is against someone holding dual party membership in the country. The OP has acknowledged this fact too in his reply to me, and on his follow-up argument about INEC 21 Days, not all aspirants as he asserted can be removed by the court. The reason for this is that someone for example that purchased party's A forms but was not cleared by the party before May 10 submission of the party register to INEC who failed to resign from party A and goes ahead to party B and got registered and cleared between 8-9 May would not have violated the law if party B conducted its primary on from May 29 like some parties have done.

Section 77 of the Electoral Act. The core provisions state:

Prohibition: "A person shall not be registered as a member of more than one political party at the same time."

Invalidity: Where dual membership is established, such registration is void, and the person ceases to be recognized as a valid member of any political party until the situation is regularized.

Criminal Offense: "A person who knowingly registers or maintains membership in more than one political party at the same time commits an offence."

Penalties
Upon conviction, an offender is liable to:

A fine of ₦10,000,000 (Ten Million Naira);
Imprisonment or a term of two years; or
Both the fine and imprisonment

Oga rest abeg.

AbosedeFalade:
Once again, no law in the country is against someone holding dual party membership in the country. The OP has acknowledged this fact too in his reply to me, and on his follow-up argument about INEC 21 Days, not all aspirants as he asserted can be removed by the court. The reason for this is that someone for example that purchased party's A forms but was not cleared by the party before May 10 submission of the party register to INEC who failed to resign from party A and goes ahead to party B and got registered and cleared between 8-9 May would not have violated the law if party B conducted its primary on from May 29 like some parties have done.

I did not acknowledge that as "fact." I chose not to argue.

By law, a member of a political party is entitled fo every rights and privileges of the party, this includes the right to vote for his choice candidate, and be voted for as party candidate. That means a person with active membership in two parties could be nominated by both parties as candidate for election. If the Supreme Court in 2019 disqualified Nwosu for dual nomination, shouldn't it imply that dual membership is also illegal? Nwosu case even operated under the 2010 Electoral Act that was more loosed, unlike the more stricter 2026 Electoral Act.

FSBoperator:
My friend, this has nothing to do with freedom of association.

In southern Nigeria we still have bigamy laws in place that frown on marrying more than one wife at a time.

In Nigerian law, you can not identify legally as being from more than one state , even if your parents are from different states.

In same Nigerian law, automatically criminalises members of a secret cult as secret cults are banned and criminalised in Nigeria . Being a member of a secret cult automatically sets you up for conviction.

In same Nigeria, anyone established to be a member or affiliated to a proscribed terrorist organization automatically gets labelled as a terrorist and will face the full brunt of the law as a terrorist.

The summary of your submission is that no freedom is absolute internal any part of the world. Freedom is exercised within the limits of the law of each jurisdiction.

Spot on.