Defection : The decision of S'Court in Amaechi & INEC's Case is that Parties Contest Election - Kule Adegoke

Senior Advocate of Nigeria, Kunle Adegoka, has responded to the political turmoil in Rivers State and the recent defection of 27 lawmakers from the PDP to APC. Grounding his analysis in legal precedent, Adegoka referred to the Supreme Court's decisions in the Amaechi and INEC cases, highlighting the court's firm stance that winning elections in Nigeria is contingent on the platform of political parties. He emphasized the court's categorical ruling that legislators cannot defect while holding office, irrespective of their numbers.

In an interview with TVC, Adegoka stressed the importance of the legal precedent set by the Supreme Court, emphasizing that the court's pronouncement applies even if only one member remains with the original party. According to the legal expert, all others who have defected should be considered as having vacated their seats. This stringent interpretation, as per Adegoka, aims to maintain political integrity among politicians and discourage what he termed political prostitution.

Adegoka pointed out that the Supreme Court has consistently pronounced on this matter in three cases, and there are numerous Court of Appeal decisions supporting the same stance. The essence of these legal decisions, according to Adegoka, is to ensure a clean political landscape by deterring politicians from engaging in what he referred to as cross-carpeting or switching political parties while in office.

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Hear him: ''If you look at the decision of the Supreme Court in Amaechi and INEC case, the court was categorical that it is parties that contest elections in Nigeria. So when you win on the platform of a party, you cannot defect while you are still sitting in the House of Assembly. No matter the number, if it remains only one legislator or only one member of the National Assembly, all the other members who have defected shall be regarded as having vacated their seats.