The President of the Nigerian Bar Association (NBA), Afam Osigwe (SAN), has clarified that the Independent National Electoral Commission (INEC) cannot constitutionally declare the seat of any governor vacant on the grounds of political defection.
Osigwe made the clarification while reacting to a recent call by Nollywood actor and African Democratic Congress (ADC) chieftain, Kenneth Okonkwo, who urged INEC to declare Bayelsa State Governor Douye Diri’s seat vacant following his resignation from the Peoples Democratic Party (PDP).
Okonkwo had argued that Diri’s defection automatically invalidated his governorship mandate, since he was elected under the PDP platform in 2023. Citing Section 177(c) of the 1999 Constitution (as amended), Okonkwo maintained that Diri’s departure from the PDP disqualified him from holding office and urged INEC to organise a fresh election within 90 days.
Governor Diri had announced his resignation from the PDP during an expanded State Executive Council meeting held at the Government House, Yenagoa, which was attended by key state lawmakers, including Speaker Abraham Ingobere and his deputy, Michael Ogbere. He attributed his decision to “obvious reasons,” sparking speculation about a possible move to the All Progressives Congress (APC).
However, Osigwe dismissed Okonkwo’s interpretation as “baseless and legally unfounded.” Speaking with Saturday Punch, the NBA president stressed that the constitution does not empower INEC or any other authority to remove an elected executive officer—be it the president, vice president, governor, or deputy governor—on account of party defection.
He cited the landmark Supreme Court ruling in Atiku v. Attorney-General of the Federation (2007), where the apex court held that the constitutional provision regarding the forfeiture of office for defection applies solely to legislators, not members of the executive arm.
“In 2006, then Vice President Atiku Abubakar defected from the PDP to the Action Congress, and President Obasanjo sought to declare his office vacant. The Supreme Court ruled that such action was unconstitutional. That judgment settled the matter once and for all,” Osigwe said.
He further expressed disappointment that such a settled constitutional matter was still being debated in 2025.
“The law is clear — no governor can lose his seat because of defection. Even if a governor defects a hundred times, there is no legal ground for INEC to declare his office vacant,” he asserted.
Osigwe therefore urged Nigerians, political actors, and commentators to stop revisiting issues the courts have already resolved. According to him, “The constitutional position is clear, unambiguous, and not open to political misinterpretation.”