Lagos — The gale of defections from one political party to another again reverberated in the country last week when a member of the National Assembly, Satti Gogwin of the Action Congress, abandoned the party that sponsored him to the upper legislative house and pitched his tent with the ruling Peoples Democratic Party (PDP). His action came after a few days Governor Isa Yuguda of Bauchi State and 17 members of the state Assembly members defected from the All Nigerian Peoples Party (ANPP), the party on which platform they all got elected to PDP.

Before them was Governor Aliyu Shinkafi of Zamfara State, who in March, ditched his party, ANPP, on which platform he was a Deputy Governor for eight years and got elected as Governor in the 2007. But Nigerians, among who are many lawyers, have condemned this action of politicians and warned them against actions that contravene the provisions of the constitution. They said in so far the conditions for cross-carpeting are not fulfilled, defection from one political party to another is a violation of the constitution.

President Umaru Musa Yar'Adua was present in Bauchi when Yuguda decamped from ANPP to PDP, an action seen by many as unbecoming of a President and leader of the nation. More worrisome is the fact that Mr. President had just sent an executive bill to the National Assembly, asking that it be made illegal for the president, vice president as well as governors and their deputies from defecting to other parties other than those on which platorm they were elected. The President was praised as a good leader and sincere statesman across the country. He has thus disappointed many and exposed himself as somebody whose actions sharply contradict his utterances.

To lawyers, who spoke to Daily Independent, the provision of the constitution regarding an elected person leaving his party for another is clear and those who violate the provision should vacate their positions or be shown the way out by their respective political parties. Although there is no mention in the constitution where the tenure of either the president, the state governors as well as their vice and deputies respectively was said to terminate as a result of changing their parties, provisions were provided with regard to legislators crossing from one political party to another.

Section 68 (1) (g) states:

"A member of the Senate or of the House of Representatives shall vacate his seat in the House of which he is a member if: 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 that House was elected: provided that his membership of the later political party is not as a result of a division of a political party of which he was previously a member or of a merger of two or more political parties or factions by one of which he was previously sponsored."

Similarly, sub-section 2 also states:

"The President of the Senate or the Speaker of the House of Representatives, as the case may be, shall give effect to the provisions of sub-section (1) of this section, so however that the President of the Senate or the Speaker of the House of Representatives or a member shall first present evidence satisfactory to the House concerned that any of the provisions of that sub-section has become applicable in respect of that member."

In his reaction, constitutional lawyer, Dr. Tunji Abayomi, contended that a political office holder can cross to another party and still hold on to his political office on the ground of factionalisation within the party.

Abayomi said "I think that is one of the grounds that are allowed but as it is now, political leaders in Nigeria just do it as a matter of course. This is actually a breach of trust for the electorates who elected them. Because they were elected on a political party as representatives but what has happened is that they have reelected themselves in another political party which a violation of democratic norm".

"But because they moved to the political party in power, the party in power just merely accepts it but it is actually wrong, inherently wrong.

Abayomi pointed out that the reason the constitution talks about factionalisation was because when there is factionalisation within a party, the interest of the people need to be protected but where there is no factionalisation there would be no basis for carpet crossing.

On the way out of the logjam, Abayomi said "what we need really is for the political party in power to take objective decisions about democracy instead of wanting glory for itself"

According to Ebun Adegborua, a human rights lawyer, former President Olusegun Obasanjo had earlier told the nation that PDP would ruled for 60 years adding that carpet crossing that we are witnessing are part of the design to sustain PDP in power.

His words "PDP is working towards a one party state in Nigeria. The constitution says that you can change from one party to another if there is division within that party. I agree absolutely that the situation in ANNP today does not speak well for cohesion particularly with the Buhari faction and other factions within the party. This is deliberately being created by PDP in the name of unity government but dangling carrots to hungry members of ANPP and effectively dismantling that party in continuation of Obasanjo's agenda.

"It is every unfortunate even in political party like Action Congress, where is no apparent division, members are being lured to cross carpet in an attempt to achieve a one party state. I blame the opposition for lack of vision, for lack of principle. I blame politicians who are only interested in bread and butter politics. The period we witness under Awolowo, Herbert Marculy and Azikuwe things like this would never have happened. Politicians are supposed to be men of principle not for people who are looking for position at all cost. That is what is happening in Nigeria today and it is unfortunate.

Said Barrister Benson Ndakara, it is very unconstitutional for the governor and some members of the assembly to cross carpet.

According to him, the position of the law is that you can only cross carpet or change to another party when there are crisis in your own party.

"I think it is now left for the person cross carpeting to prove if there are crisis or perceived crisis in his own party but so long as there is no crisis in the party, the action to me, is illegal and it must be condemned by everybody."

"Also, members of the Bauchi state House of Assembly that are being threatened with suspension for refusing to cross carpet with the Governor should go to court to challenge the act, and I honestly, I believe they will be vindicated because what is going on there is crass illegality which can never stand."

Also speaking, human right lawyer, Barrister Onu Eke Uche said, "What is going on in Bauchi state is quit unfortunate. Unfortunate in the sense that ten years of democracy in the country, most of our politicians, especially public office holders are still not getting it right on petty issues."

"By now, an average public office holder should be able to know that you can only change from your party to another party when there are crisis in your party. In the absence of any crisis, it is against the constitution for anyone to change from his party to another party and I think it is high time we discourage any act that is against the constitution."

To Oyeniyi Tobi, "it is absurd if after eight years, the people of a state realised that a political party has failed them and they decided to vote for another and the new office holder is now returning power to a party which has failed the people. Any office holder wishing to cross carpet should be ready to vacate the office once the condition under which cross - carpeting is permissible is not met."

To Emma Eneukwu, ANPP spokesman, "Since the constitution of the country is clear on the decampment of lawmakers, INEC should not waste time to declare the seats of the 17 legislators vacant in Bauchi State as that will portend the seriousness of the much-touted rule of law flaunted by the YarAdua administration

Nigerians are watching President YarAdua, personally welcomed these people to the PDP, and supports their continued stay in the House of Assembly having violated the constitution of the Federal Republic of Nigeria which he swore to uphold."