Thread by @mrfestusogun

David Umahi’s Defection and the Risk of Impeachment

The defection of Ebonyi Governor, David Umahi from PDP to APC might just earn him a ticket to being impeached. The reason is quite simple: it may amount a contravention of our law on defection and change of political parties.

The 1999 Constitution, unlike in case of legislators, makes no express provision as regards whether the defection of an elected executive would amount to an act of ‘gross misconduct’ for the purpose of impeachment.

Interestingly, the proprietary of an elected executive defecting from the political party that sponsored him to another one before the end of tenure came up for determination in the celebrated case of AGF V. ABUBAKAR (2007) 10 NWLR (PT 1041) 1.

In that case, the court held that the legislature is empowered to discretionally determine whether the defection of an executive would amount to a ‘gross misconduct’ using the subjective test and so be a ground for impeachment.

“it is my considered view that the term is wide enough to include the situation we find ourselves in this case where the sitting Vice President defects from the political party in whose platform he was elected to that office and joins another political party”. (The Supreme Court)

Some may argue that the executive has the right to freedom of association just like the view of the Court of Appeal in the case above. But, the Supreme Court overruled it: “His right to freedom of association did not stretch that far. He was required to first resign”.

In short, there is no hard and fast rule as to whether the defection of an executive would invariably lead to the vacancy of his seat. However, the legislature is at the volition to invoke their impeachment power on the circumstances of each case

The defected executive is exclusively barred from speaking ill of or castigating the party in which he was initially elected. If he continues to talk down on the integrity of his former party, that may amount a ‘gross misconduct’ if looked closely.

It is my humble but firm opinion that in exercising the discretion, the legislature should be guided by the provisions of Section 68(1)(g) of the 1999 Constitution which includes instances in which defection would not lead to an impeachment proceeding thus:

1.Defecting to another party if he can prove that his defection was as a result of a division within his former party. Issue of division is a question of fact.

2.Defecting as a result of a merger by the political party that sponsored him and some other political parties.

It cannot be the intention of the framers of the Constitution that those elected should leave a political party that brought them into office every now and then bearing in mind the fact that people really voted for the party and not the sponsored candidate.

Party politics without principle can never be the intendment of the drafters of the Constitution. Actions must have consequences. Over to the House of Assembly!

Festus Ogun
17/11/2020

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