NNPP sues INEC, 45 lawmakers over alleged ‘unlawful’ defection

The New Nigeria Peoples Party (NNPP) has sued the Independent National Electoral Commission (INEC), alongside 45 lawmakers before the Federal High Court in Abuja over the defection of lawmakers elected on its platform in 2023.

The suit, filed through the law firm Lex Firma LP, sought judicial interpretation and enforcement of constitutional provisions governing the defection of elected legislators from the political parties on whose platforms they secured their mandates.

According to an affidavit filed in support of the suit, the NNPP challenged the alleged defection of 45 lawmakers comprising members of the Kano State House of Assembly, the House of Representatives and Senators who were elected on its platform in the 2023 general elections. The lawmakers were elected on NNPP for a four-year term that runs till June 2027.

The party alleged that the affected lawmakers abandoned the NNPP and joined the other political parties while still occupying the legislative seats they secured under its platform, without following the procedures it considered necessary for terminating their membership.

The NNPP further alleged that some of the lawmakers had already been listed by INEC as candidates of other parties for the 2027 general elections, raising questions about the legality of their nominations and continued occupation of their current legislative seats.

Specifically, the party identified some Kano state lawmakers, whose names reportedly appeared on INEC’s final list of candidates for the 2027 state house of assembly election as other party candidates.

The party earlier sent a letter dated 19 October to INEC, drawing the electoral body’s attention to the defections and calling for an investigation into the circumstances surrounding the lawmakers’ purported resignations and subsequent membership of other parties.

It expressed concern that the affected legislators still have their names on the NNPP membership register while simultaneously being registered as members of other parties, a situation it argued violated the statutory provisions regulating political-party membership.

The party also maintained that the alleged defections occurred without the requisite clearance from its Board of Trustees and electoral guidelines, citing Articles 8.2(a), 8.2(b) and 8.3(a) of its constitution.

The NNPP relied on judgements delivered by the Abia State High Court on 1 November 2024, in Suit No. HUZ/11/2024, and the Owerri Division of the Court of Appeal on 30 March 2026, in Appeal No. CA/OW/271/2025, which, it said, affirmed the authority of its board of trustees and founder of NNPP in matters relating to the party’s administration.

The party further argued that it had not merged with any political party nor ceased to exist as a registered political party, insisting that the circumstances surrounding the alleged defections did not fall within the constitutional exceptions that permitted legislators to defect without losing their seats.

The party, however, stated that it is seeking judicial determination of the constitutional implications of the alleged defections, particularly under Sections 68(1)(g), 68(2), 109(1)(g) and 109(2) of the 1999 Constitution, as amended.

“These provisions address circumstances under which members of the national assembly and state houses of assembly may lose their seats following a change of political-party membership, subject to constitutionally recognised exceptions.

“We also want the relevant legislative authorities to be notified of the alleged defections and appropriate constitutional steps taken, concerning the affected seats, including possibility of declaring them vacant and conducting bye-elections.”

The NNPP, which fielded former Kano State Governor Rabiu Kwankwaso as its presidential candidate in 2023, stated that it is prepared to participate in any bye-elections lawfully conducted in the affected constituencies. Mr Kwankwaso is the running mate of the Nigeria Democratic Congress (NDC) presidential candidate Peter Obi for the upcoming 2027 general elections.

The affidavit in support of the suit was sworn by Junia Oludare, a litigation secretary with Lex Firma LP, and sworn to at the Federal High Court Registry, Abuja, on Oct. 27, 2026.

Recall that Dr Boniface Aniebonam, Founder and Chairman Board of Trustees of the NNPP said that the party will not accept interventions to backdate the resignation of members who failed to complete the process before the party notified INEC of their alleged non-compliance with its constitution.

He warned that any attempt to falsify resignation records would amount to criminality, urging individuals approaching its leaders to seek backdated documentation to desist from such acts.

In its 19 October letter sent to INEC, the NNPP alleged that Governor Abba Yusuf of Kano State, 18 members of the House of Representatives, 28 members of the Kano State House of Assembly and two senators elected on its platform in 2023 had failed to fulfil the requirements for lawful resignation.

According to the party, the affected politicians have since moved to other political parties and are pursuing political ambitions ahead of the 2027 general elections without completing the necessary resignation procedures.

“The current suit is expected to test the constitutional boundaries of political defection by elected lawmakers, the circumstances under which legislative seats may become vacant and INEC’s responsibilities in ensuring compliance with electoral laws ahead of the 2027 general elections,” the affidavit added.