NNPP takes INEC and 45 lawmakers to court over alleged defection

The New Nigeria Peoples Party (NNPP) has sued the Independent National Electoral Commission (INEC) and 45 lawmakers in the Federal High Court in Abuja. This lawsuit is about lawmakers who were elected under the NNPP in 2023 but have now defected to other parties.

The suit was filed by the law firm Lex Firma LP. They want the court to explain and enforce laws about lawmakers switching parties after being elected. This is based on the constitution that governs the conduct of elected officials.

In an affidavit supporting the suit, the NNPP is challenging the defection of 45 lawmakers. These include members from the Kano State House of Assembly, the House of Representatives, and Senators who won their seats on the NNPP platform during the 2023 elections. These lawmakers were elected for a four-year term that lasts until June 2027.

The party claims these lawmakers left the NNPP and joined other parties while still holding on to their seats. They did not follow proper procedures to end their membership with the party, which the NNPP argues is necessary.

The NNPP also says that some of these lawmakers are already listed by INEC as candidates for other parties in the 2027 elections. This raises questions about whether their nominations are legal and if they can keep their current seats.

The party pointed out specific lawmakers from Kano State whose names are said to be on INEC’s final list of candidates for the 2027 state house of assembly elections as members of other parties.

On 19 October, the NNPP sent a letter to INEC. They wanted INEC to look into the defections and the circumstances around the lawmakers' supposed resignations and their joining other parties. The NNPP is worried that these lawmakers still have their names on the party's membership list while also being registered with other parties. They believe this breaks the rules about party membership.

The party claims the defections happened without approval from its Board of Trustees or according to electoral guidelines. They refer to Articles 8.2(a), 8.2(b), and 8.3(a) of their constitution to back this up.

The NNPP is relying on judgments from the Abia State High Court on 1 November 2024 and the Owerri Division of the Court of Appeal on 30 March 2026. These rulings confirm the authority of the NNPP's board of trustees and its founder over party matters.

The party insists it has not merged with any other party and still exists as a registered political party. They argue that the reasons for the alleged defections do not meet the constitutional exceptions that allow lawmakers to switch parties without losing their seats.

The NNPP is asking for a court ruling on the constitutional effects of these defections, especially under Sections 68(1)(g), 68(2), 109(1)(g), and 109(2) of the 1999 Constitution, as amended.

These sections talk about when members of the national and state assemblies can lose their seats if they change party membership, with some exceptions allowed by the constitution.

"We also want the relevant legislative authorities to be told about the alleged defections and for proper constitutional actions to be taken regarding the affected seats. This includes possibly declaring them vacant and holding bye-elections," the NNPP stated.

The NNPP, which had former Kano State Governor Rabiu Kwankwaso as its presidential candidate in 2023, is ready to take part in any bye-elections that are lawfully held in the affected areas. Mr. Kwankwaso is now the running mate for Peter Obi, the presidential candidate of the Nigeria Democratic Congress (NDC) for the upcoming 2027 elections.

The affidavit supporting the lawsuit was signed by Junia Oludare, a litigation secretary at Lex Firma LP, and submitted at the Federal High Court Registry, Abuja, on 27 October 2026.

Dr. Boniface Aniebonam, the Founder and Chairman of the Board of Trustees of the NNPP, has said that the party will not accept any attempts to backdate resignations of members who did not finish the proper process before the party informed INEC about their alleged non-compliance.

He warned that trying to falsify resignation records would be a criminal act and advised those approaching party leaders for backdated documents to stop.

In its letter sent to INEC on 19 October, the NNPP said that Governor Abba Yusuf of Kano State, 18 House of Representatives members, 28 members of the Kano State House of Assembly, and two senators elected under its platform in 2023 did not meet the requirements for legal resignation.

The party added that these politicians have moved to other parties and are pursuing their political ambitions for the 2027 elections without following the right resignation procedures.

"This lawsuit aims to test the limits of political defection by elected lawmakers. It will look into the conditions under which legislative seats may become vacant and INEC's role in enforcing electoral laws ahead of the 2027 elections," the affidavit concluded.