Carpet-Crossing by Nigerian politicians is not a new phenomenon but one that has been with us as a nation since the first republic in the decade leading to independence of Nigeria as a sovereign nation.
The first recorded incident of carpet-crossing was in 1951 in the defunct Western Region House of Assembly when several members of the now defunct NCNC, National Counsel of Nigeria and Cameroon led by the Great Zik of Africa, Dr. Nnamdi Azikiwe overnight decamped to the old AG, Action Group led by Great Sage Chief Obafemi Awolowo SAN, to deny the former majority in the Western Region House of Assembly, which led to the AG forming the Government in the defunct region and Dr. Azikiwe beating a tactical relevant to his native Eastern Region to form the ruling Government, It is instructive to note that this singular political event was to lead to permanent mistrust not only between the two great and illustrious nationalists Awolowo and Azikiwe, but even to their kinsmen which mutual feeling still persists.
In the 2nd Republic between 1979-1983, there were a number of high profile carpet crossings, prominent amongst which were: the Carpet Crossing by Chief Akin Omoboriowo from UPN, Unity Party of Nigeria led by Chief Awolowo to NPN National Party of Nigeria, NPN, the Carpet crossing by Chief Fagbamigbe also of former Ondo State from UPN to NPN.
The same for late Senator Lai Joseph from Old Oyo State from UPN to NPN. In the 2nd republic Senate there was also the defection of Senator N.N. Anah SAN of the defunct Nigeria Peoples Party NPP to NPN. In the second republic many of these defections were to have violent and even tragic consequences such as the 1983 election Crisis in former Ondo State when notable publisher Chief Fagbamigbe was hacked to death and Chief Akin Omoboriowo, former Deputy Governor Old Ondo State Chief Akin Omoboriowo only escaped death with the strong backing of the "Federal Might" even then he had to relocate to Lagos.
Defections in the present dispensation which started in 1999 have been more than a handful although with less dramatic results in comparison to the second republic. The only Carpet Crossing that has drawn much flak is that of the former Vice President, Alhaji Atiku Abubakar whose defection in the midst of his political battles with his erstwhile boss Chief Olusegun Obasanjo was the subject matter of several Supreme Court decisions prominent amongst which was the case of AG FEDERATION V ATIKU ABUBAKAR (2007) 4 S. C. (PT, 11) 62 which decision we shall examine in greater detail subsequently.
The list of prominent defectors includes Senator Wahab Dosummu from Alliance for Democracy AD to Peoples Democratic Party, PDP, Senator Musuliu Obanikoro from AD to PDP, Dr Kingsley Ogunlewe from AD to PDP, Late Funsho Williams for AD to PDP, Former Governors Bola Tinubu, Lam Adesina, Bisi Akande from AD to AC Action Congress, Former Vice President Alhaji Atiku Abubakar from PDP to AC and Governor Segun Mimiko for PDP, to Labour party, amongst others. While some of these cross-carpeting were roundly condemned particularly the defection from the smaller parties like AD or AC to PDP, the defections from the PDP to smaller parties or of progressive from either PDP to the smaller parties, or from one party to the other were greeted with much approval and celebrations. It is usual amongst the nation's progressives and their supporters to denounce carpet crossers in the strongest terms possible as political prostitutes and opportunists who do not have the interest of the electorate at heart but their own selfish interests but the progressives themselves having been caught up in the recent wave of defections it no longer lies in their mouth to freely sermonize on the ills of carpet crossing. In the build up to the 2007 dictions there was wholesale defection of progressive from the otherwise progressive AD to form a new party Action Congress AC, with no ideological basis for the shift except positioning to capture power which is however legitimate. However the progressive having carried on for long as if all defections were evil, it did the reputation of the progressives constituency, no good that they could engage in large scale defection on a scale even their opponents would have been embarrassed to manifest.
Nigerian politicians carpet-cross for a number of reasons:
• To have better access to power and the spoils of office.
• To escape political oppression and persecution.
• As a result of a breakdown in the aims and objectives amongst the founding fathers of a party.
• As a tactical and strategic political retreat to re-launch a political agenda on another platform.
• For ideological reasons, when the initial platform has derailed from the ideals which inspired like minds to join the party and bring to bear these lofty ideals in the service of the people. Defection based on this ideal are few and far between in Nigeria.
The Nigerian situation is in sharp contrast to the practice in the more established democracies like USA or Britain. In the USA generations of families vote and belong to one party and it is seen as political apostasy for a member of a party to carpet-cross to the other party; imagine a member of the Kennedy family becoming a Republican or a member of the Bush family becoming a Democrat or even a Clinton becoming a Republican, that will cause political earth-quake. The same attitude prevail in Britain imagine a Labour Member of Parliament MP defecting to the Conservative (Tory) party or Vice versa.
This consistent attitude of leaders is replicated amongst voters; it is commonplace for a man and his family to vote a particular party for years voting for the opposing parties only in extreme case. Even whole cities and States follow the same pattern. In the recent US Presidential race, it took a extra-ordinary candidate like Barack Obama for many US states like Florida, Texas and California who vote mainly Republican to vote for a Democratic Obama.
All these ideological consistency have no relevance to Nigeria, our political leaders change parties at will according to their present needs and fancy, some of our leaders under the present dispensation have changed parties more than 3 times in less than 10 years. The President's Son-in-law the Governor of Bauchi State Alhaji Yisa Buguda is a classic illustration of this rolling stone tendency.
A number of reasons have been adduced for this fair weather attitude to politics the most reasonable being the lack of ideological base by most Nigerian parties, for the most part there is no ideological difference between Nigerian parties, even parties that make a big show of being radical and progressive when it comes to the nitty-gritty show a lack of understanding of the basic tenets of democracy absence of free and fair primaries; imposition of candidates, lack of internal democracy and transparency. The Saving gace for a handful of credible parties is the presence of a few visionary leaders who come to personify the parties and whose exemplary leadership above the general rot is extrapolated to give the impression that the whole party is progressive and forward looking whereas the differences between the parties if any is more cosmetic than substantive, more like the difference between six and a half-dozen. Example which major Nigerian party since 1999 has been free of internal crises, leadership tussle and Carpet-Crossing, not PDP, not AD, not ANPP All Nigeria Peoples Party, not even the AC which emerged from the crises in AD. What varies is simply the magnitude of the crisis. A few scholars put this lack of ideological difference down to the fact that the 3 initial parties, which kicked off the 3rd Republic had their manifestoes (i.e. the AD, PDP and ANPP) prepared by the one and same person the late Chief Bola Ige SAN, the former Attorney – General of me Federation. Even if this were true how come none of die parties has developed a major ideological base outside of its few shining stars 10 years on?
The Law on Carpet Crossing
While me general view of most Nigerians is that Carpet crossing from one party to the other is immoral and shows the politician concerned as being more interested in his personal gains rather than service to the people he is elected to serve or who elected him to represent and serve them. Beyond the general opinion it is important to know me correct position under the law: under the 1999 Constitution: a member of the Senate or House of Representatives is liable to vacate his seat under section 68 (1) (g) of the Constitution "being a person whose election to the House was sponsored by a political party, he becomes a member of another political party before the expiration of the period for which the House was elected".
"Provided that his membership of the later political party is not as a result of a division in the political party of which he was previously a member or a merger of two or more political parties or factions by one of which he was previously sponsored".
This provision is replicated in the case of members of the states House of Assembly in section 109 (1) (g).
However, in respect of members of the Executive at both Federal and State levels that is the President, Vice President, Governor and Deputy Governors the Constitution is remarkably silent.
The legality of cross carpeting at both arms of government that is the Legislative and Executive arms of government was determined by the Supreme Court in the celebrated case of AG FEDERATION V ATIKU ABUBAKAR (2007) 4 SC (PT. 11) 62, which case amongst other things determined the legality of the defection of Alhaji Atiku Abubakar the former Vice President from the PDP under which he was elected to the AC in me thick of his battle for political survival against his former boss erstwhile President Olusegun Obasanjo and his party PDP who were bent on teaching him a very hard lesson for standing against the party's decision to support the former Presidents for a 3rd term. The Presidency had in fact conjured up allegations of corruption (the truth of which we may never know) to be used to remove him from office. Alhaji Abubakar's decision to defect from the PDP to the then newly formed only provided ammunition with which to nail the embattled former Vice President. However, the attempt to use the constitution to declare the office of the Vice President vacant upon me carpet crossing of Alhaji Atiku Abubakar failed woefully as the Supreme Court held that "the legislators have made it manifest that if any of these elective members after winning an election on the platform of a political party, later on being a member of the senate or of the House of Representatives (and by extension the House of Assembly) defects to another political party, he is deemed in law to have automatically vacated his seat in the House of which he is a member" (Supra page 242) (Addition made) However, the apex court continued "No similar provision was made/or the Vice President even for the President If the legislators had intended the Vice President or even the President to suffer the same fate, they would have asserted that provision in clear terms" at 243. The absence of clear provisions also applies to the offices of Governor and Deputy Governor.
The Supreme Court was very mindful of the lacuna in the constitution concerning defections from one party to another by members of the Executive, the President, Vice President, Governor and Deputy Governor and the evils associated with same. At 211 (supra) “Although defection or cross-carpeting to another party or dumping the original party that sponsored one for election to a particular office" which is created by the constitution or in the same vein, condemning or criticizing that party or its members who by virtue of the same election hold some offices created by the constitution, is painful, unconscionable and immoral, it is however not illegal". (Emphasis).
Yet the Court in line with the settled philosophy of the law that the duty of the court is Jus dicere and not Jus dare - to declare the law and not make law” held “I hold the strong view that "law making" in the strict sense of that term, is not the function of the judiciary. Let there be no incursion by one arm of the government into that of the other that will be an invidious trespass" (supra) at 245.
Thus from the Supreme Court decision in AG FEDERATION V ALHAJI ATIKU ABUBAKAR (SUPRA) which is the locus classicus on cross-carpeting and defection form one party to the other we can make the following propositions of law:
• Cross carpeting by any member of the Legislature at both Federal and State levels i.e. Senate, House Representatives and State House of Assembly automatically makes the seat of such member vacant except where such persons come within the exceptions provided in sections 68 (1) (g) and 109 (!) (g) of the constitution.
• There is no sanction or restriction on members of the Executive i.e. President/Vice President, Governor/Deputy Governor. Such members of the Executive can defect or carpet-cross at will.
• In the case of such members of the Executive, even where their Carpet-Crossing or defection is painful, unconscionable and immoral, it is neither illegal nor unconstitutional.
The first recorded incident of carpet-crossing was in 1951 in the defunct Western Region House of Assembly when several members of the now defunct NCNC, National Counsel of Nigeria and Cameroon led by the Great Zik of Africa, Dr. Nnamdi Azikiwe overnight decamped to the old AG, Action Group led by Great Sage Chief Obafemi Awolowo SAN, to deny the former majority in the Western Region House of Assembly, which led to the AG forming the Government in the defunct region and Dr. Azikiwe beating a tactical relevant to his native Eastern Region to form the ruling Government, It is instructive to note that this singular political event was to lead to permanent mistrust not only between the two great and illustrious nationalists Awolowo and Azikiwe, but even to their kinsmen which mutual feeling still persists.
In the 2nd Republic between 1979-1983, there were a number of high profile carpet crossings, prominent amongst which were: the Carpet Crossing by Chief Akin Omoboriowo from UPN, Unity Party of Nigeria led by Chief Awolowo to NPN National Party of Nigeria, NPN, the Carpet crossing by Chief Fagbamigbe also of former Ondo State from UPN to NPN.
The same for late Senator Lai Joseph from Old Oyo State from UPN to NPN. In the 2nd republic Senate there was also the defection of Senator N.N. Anah SAN of the defunct Nigeria Peoples Party NPP to NPN. In the second republic many of these defections were to have violent and even tragic consequences such as the 1983 election Crisis in former Ondo State when notable publisher Chief Fagbamigbe was hacked to death and Chief Akin Omoboriowo, former Deputy Governor Old Ondo State Chief Akin Omoboriowo only escaped death with the strong backing of the "Federal Might" even then he had to relocate to Lagos.
Defections in the present dispensation which started in 1999 have been more than a handful although with less dramatic results in comparison to the second republic. The only Carpet Crossing that has drawn much flak is that of the former Vice President, Alhaji Atiku Abubakar whose defection in the midst of his political battles with his erstwhile boss Chief Olusegun Obasanjo was the subject matter of several Supreme Court decisions prominent amongst which was the case of AG FEDERATION V ATIKU ABUBAKAR (2007) 4 S. C. (PT, 11) 62 which decision we shall examine in greater detail subsequently.
The list of prominent defectors includes Senator Wahab Dosummu from Alliance for Democracy AD to Peoples Democratic Party, PDP, Senator Musuliu Obanikoro from AD to PDP, Dr Kingsley Ogunlewe from AD to PDP, Late Funsho Williams for AD to PDP, Former Governors Bola Tinubu, Lam Adesina, Bisi Akande from AD to AC Action Congress, Former Vice President Alhaji Atiku Abubakar from PDP to AC and Governor Segun Mimiko for PDP, to Labour party, amongst others. While some of these cross-carpeting were roundly condemned particularly the defection from the smaller parties like AD or AC to PDP, the defections from the PDP to smaller parties or of progressive from either PDP to the smaller parties, or from one party to the other were greeted with much approval and celebrations. It is usual amongst the nation's progressives and their supporters to denounce carpet crossers in the strongest terms possible as political prostitutes and opportunists who do not have the interest of the electorate at heart but their own selfish interests but the progressives themselves having been caught up in the recent wave of defections it no longer lies in their mouth to freely sermonize on the ills of carpet crossing. In the build up to the 2007 dictions there was wholesale defection of progressive from the otherwise progressive AD to form a new party Action Congress AC, with no ideological basis for the shift except positioning to capture power which is however legitimate. However the progressive having carried on for long as if all defections were evil, it did the reputation of the progressives constituency, no good that they could engage in large scale defection on a scale even their opponents would have been embarrassed to manifest.
Nigerian politicians carpet-cross for a number of reasons:
• To have better access to power and the spoils of office.
• To escape political oppression and persecution.
• As a result of a breakdown in the aims and objectives amongst the founding fathers of a party.
• As a tactical and strategic political retreat to re-launch a political agenda on another platform.
• For ideological reasons, when the initial platform has derailed from the ideals which inspired like minds to join the party and bring to bear these lofty ideals in the service of the people. Defection based on this ideal are few and far between in Nigeria.
The Nigerian situation is in sharp contrast to the practice in the more established democracies like USA or Britain. In the USA generations of families vote and belong to one party and it is seen as political apostasy for a member of a party to carpet-cross to the other party; imagine a member of the Kennedy family becoming a Republican or a member of the Bush family becoming a Democrat or even a Clinton becoming a Republican, that will cause political earth-quake. The same attitude prevail in Britain imagine a Labour Member of Parliament MP defecting to the Conservative (Tory) party or Vice versa.
This consistent attitude of leaders is replicated amongst voters; it is commonplace for a man and his family to vote a particular party for years voting for the opposing parties only in extreme case. Even whole cities and States follow the same pattern. In the recent US Presidential race, it took a extra-ordinary candidate like Barack Obama for many US states like Florida, Texas and California who vote mainly Republican to vote for a Democratic Obama.
All these ideological consistency have no relevance to Nigeria, our political leaders change parties at will according to their present needs and fancy, some of our leaders under the present dispensation have changed parties more than 3 times in less than 10 years. The President's Son-in-law the Governor of Bauchi State Alhaji Yisa Buguda is a classic illustration of this rolling stone tendency.
A number of reasons have been adduced for this fair weather attitude to politics the most reasonable being the lack of ideological base by most Nigerian parties, for the most part there is no ideological difference between Nigerian parties, even parties that make a big show of being radical and progressive when it comes to the nitty-gritty show a lack of understanding of the basic tenets of democracy absence of free and fair primaries; imposition of candidates, lack of internal democracy and transparency. The Saving gace for a handful of credible parties is the presence of a few visionary leaders who come to personify the parties and whose exemplary leadership above the general rot is extrapolated to give the impression that the whole party is progressive and forward looking whereas the differences between the parties if any is more cosmetic than substantive, more like the difference between six and a half-dozen. Example which major Nigerian party since 1999 has been free of internal crises, leadership tussle and Carpet-Crossing, not PDP, not AD, not ANPP All Nigeria Peoples Party, not even the AC which emerged from the crises in AD. What varies is simply the magnitude of the crisis. A few scholars put this lack of ideological difference down to the fact that the 3 initial parties, which kicked off the 3rd Republic had their manifestoes (i.e. the AD, PDP and ANPP) prepared by the one and same person the late Chief Bola Ige SAN, the former Attorney – General of me Federation. Even if this were true how come none of die parties has developed a major ideological base outside of its few shining stars 10 years on?
The Law on Carpet Crossing
While me general view of most Nigerians is that Carpet crossing from one party to the other is immoral and shows the politician concerned as being more interested in his personal gains rather than service to the people he is elected to serve or who elected him to represent and serve them. Beyond the general opinion it is important to know me correct position under the law: under the 1999 Constitution: a member of the Senate or House of Representatives is liable to vacate his seat under section 68 (1) (g) of the Constitution "being a person whose election to the House was sponsored by a political party, he becomes a member of another political party before the expiration of the period for which the House was elected".
"Provided that his membership of the later political party is not as a result of a division in the political party of which he was previously a member or a merger of two or more political parties or factions by one of which he was previously sponsored".
This provision is replicated in the case of members of the states House of Assembly in section 109 (1) (g).
However, in respect of members of the Executive at both Federal and State levels that is the President, Vice President, Governor and Deputy Governors the Constitution is remarkably silent.
The legality of cross carpeting at both arms of government that is the Legislative and Executive arms of government was determined by the Supreme Court in the celebrated case of AG FEDERATION V ATIKU ABUBAKAR (2007) 4 SC (PT. 11) 62, which case amongst other things determined the legality of the defection of Alhaji Atiku Abubakar the former Vice President from the PDP under which he was elected to the AC in me thick of his battle for political survival against his former boss erstwhile President Olusegun Obasanjo and his party PDP who were bent on teaching him a very hard lesson for standing against the party's decision to support the former Presidents for a 3rd term. The Presidency had in fact conjured up allegations of corruption (the truth of which we may never know) to be used to remove him from office. Alhaji Abubakar's decision to defect from the PDP to the then newly formed only provided ammunition with which to nail the embattled former Vice President. However, the attempt to use the constitution to declare the office of the Vice President vacant upon me carpet crossing of Alhaji Atiku Abubakar failed woefully as the Supreme Court held that "the legislators have made it manifest that if any of these elective members after winning an election on the platform of a political party, later on being a member of the senate or of the House of Representatives (and by extension the House of Assembly) defects to another political party, he is deemed in law to have automatically vacated his seat in the House of which he is a member" (Supra page 242) (Addition made) However, the apex court continued "No similar provision was made/or the Vice President even for the President If the legislators had intended the Vice President or even the President to suffer the same fate, they would have asserted that provision in clear terms" at 243. The absence of clear provisions also applies to the offices of Governor and Deputy Governor.
The Supreme Court was very mindful of the lacuna in the constitution concerning defections from one party to another by members of the Executive, the President, Vice President, Governor and Deputy Governor and the evils associated with same. At 211 (supra) “Although defection or cross-carpeting to another party or dumping the original party that sponsored one for election to a particular office" which is created by the constitution or in the same vein, condemning or criticizing that party or its members who by virtue of the same election hold some offices created by the constitution, is painful, unconscionable and immoral, it is however not illegal". (Emphasis).
Yet the Court in line with the settled philosophy of the law that the duty of the court is Jus dicere and not Jus dare - to declare the law and not make law” held “I hold the strong view that "law making" in the strict sense of that term, is not the function of the judiciary. Let there be no incursion by one arm of the government into that of the other that will be an invidious trespass" (supra) at 245.
Thus from the Supreme Court decision in AG FEDERATION V ALHAJI ATIKU ABUBAKAR (SUPRA) which is the locus classicus on cross-carpeting and defection form one party to the other we can make the following propositions of law:
• Cross carpeting by any member of the Legislature at both Federal and State levels i.e. Senate, House Representatives and State House of Assembly automatically makes the seat of such member vacant except where such persons come within the exceptions provided in sections 68 (1) (g) and 109 (!) (g) of the constitution.
• There is no sanction or restriction on members of the Executive i.e. President/Vice President, Governor/Deputy Governor. Such members of the Executive can defect or carpet-cross at will.
• In the case of such members of the Executive, even where their Carpet-Crossing or defection is painful, unconscionable and immoral, it is neither illegal nor unconstitutional.
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