When constitution supported Umo Eno to defect, history of PDP crisis

By Emmanuel Nicholas

Defection is both a necessary and constitutionally supported action, as affirmed by the Nigerian Constitution and various Supreme Court judgments, particularly in instances where a political party is beset by crises and factionalism undermines the unity of its platform.

Currently, the People’s Democratic Party (PDP) is disintegrating like wax due to the insatiable greed and ruthless quest for power exhibited by Alhaji Atiku Abubakar, the former Vice President of Nigeria, along with his political allies. He has obstinately refused to acknowledge the imperative of equitable power distribution, which necessitates a shift of authority to the southern region of Nigeria.

Conversely, the Minister of the Federal Capital Territory, Mr. Nyesom Wike, has resolutely pledged to thwart Atiku’s faction as long as he remains steadfast in his refusal to concede power to the South.

The Minister has effectively wielded the power of the judiciary to ensure that he obstructs every maneuver of Atiku’s political strategies, determined to prevent any of his aspirations from coming to fruition.

As a result of judicial interventions, the People’s Democratic Party currently finds itself in a state of disarray, with more than two individuals claiming the position of National Secretary and a bifurcated leadership within the National Executive Committee (NEC), while the role of National Chairman is simultaneously held by two different personalities.

Origin of the crisis

In the lead-up to the Imo State governorship election scheduled for November 11, 2023, Senator Chris Anyanwu, who serves as the National Secretary of the Peoples Democratic Party (PDP), entered the contest for the party’s ticket, which he successfully secured during the primary held on January 13, 2023, in Owerri. Following the withdrawal of his sole opponent, former governor Hon. Emeka Ihedioha, the PDP National Working Committee (NWC) directed the South East Zone to nominate a replacement for Anyanwu.

The Zonal Executive Committee (ZEC) unanimously selected Rt. Hon. S.K.E. Udeh-Okoye from Enugu State as Anyanwu’s successor. However, Anyanwu’s decision to campaign for the governorship without resigning from his position led him to assert his claim to retain the National Secretary role after his electoral defeat.

In parallel, the NEC has also mandated the Deputy National Secretary to assume the position in an acting capacity while the legal disputes remain unresolved in the courts.

To date, Mr. Nyesom Wike’s faction has been prevailing in the legal battles, even reaching the Supreme Court, thereby rendering it exceedingly difficult for the party to attain any semblance of stability.

Frequently, the faction led by the Minister of the Federal Capital Territory has utilized the judiciary to halt party meetings and overturn the decisions made by the party.

The core of the crisis stems from the political suppression and overwhelming influence exerted by Alhaji Atiku Abubakar, who seeks to maintain power in the North following President Muhammadu Buhari’s completion of his eight-year tenure in Northern Nigeria.

Wike contends that power must revert to the South in the interest of equity, justice, and the spirit of brotherhood, as enshrined in the National Anthem.

The legal disputes have traversed from the High Court to the Court of Appeal and ultimately to the Supreme Court. However, Justice Eyo Ekanam, in his minority judgment, underscored that the leadership issue within the PDP is fundamentally an internal matter of the party, thus asserting that the court lacked jurisdiction to adjudicate on the matter in the first instance.

Now that the issue has been remitted back to the party for resolution, progress remains elusive, as three major factions continue to vie for dominance. Wike’s faction is at loggerheads with both the PDP Governors and Atiku’s faction, and although a reconciliation committee has been established, led by former Senate President Dr. Bukola Saraki, there is no indication of impending peace.

It would be both ludicrous and imprudent for any politician to contest an election under such a fractured platform, as one might secure a nomination and subsequently win the general election, only to have one faction challenge the legitimacy of his mandate in co

What the Constitution and Supreme Court say about crime in political parties, the allowance for defection

Furthermore, the Constitution explicitly recognizes the right of political officeholders to defect from one party to another under certain circumstances.

According to Section 221 of the Constitution, which deals with political parties, and is supported by a Supreme Court’s interpretation, a governor, legislator, or any member of a political party has the constitutional right to defect if the political party they belong to is experiencing internal crises or divisions.

It is also pertinent to note that the Nigerian Supreme Court has affirmed that the right to defect is protected in situations where a political party is in turmoil, as this is considered a constitutional right to freedom of association and political affiliation.

After careful deliberation and consideration of the security of his mandate, it would be prudent for Governor Umo Eno to switch to another political party, especially given the internal challenges currently facing the People’s Democratic Party (PDP).

Therefore, individuals who are attempting to vilify the potential intentions of Governor Umo Eno to switch allegiance to another political party should also take it upon themselves to contribute to the revitalization of the Peoples Democratic Party (PDP).

But in the state, where the party currently faces no significant internal challenges. It is important to recognize that the determination of election candidacy is ultimately governed by the national headquarters of the party.

Consequently, it is unwise for anyone to encourage another to leap into a perilous situation, assuming that they will emerge unscathed from the flames of political turmoil.