Senate Raises Constitutional Questions Over Abaribe’s Defection to ADC

A constitutional debate has erupted in Nigeria’s Senate following the defection of the lawmaker representing Abia South, Enyinnaya Abaribe, from the All Progressives Grand Alliance (APGA) to the African Democratic Congress (ADC).

The issue was raised during plenary after the Senate President, Godswill Akpabio, read letters from lawmakers who had recently defected from their political parties.

Akpabio immediately asked the Deputy Senate President, Jibrin Barau, to review the letters and determine whether the defections complied with constitutional provisions.

Constitutional Provision on Defection

Barau cited Section 68(1) of the Constitution of Nigeria, which states that a member of the National Assembly must vacate their seat if they defect from the political party that sponsored their election—unless the defection results from a division within that party or a merger with another party.

After examining the documents, Barau noted that while some lawmakers who defected from the Peoples Democratic Party (PDP) might rely on internal party divisions as justification, the same argument might not apply to Abaribe.

According to him, there was no clear evidence of a crisis within APGA that could legally justify the senator’s move to another party.

Senate Concerns Over APGA Stability

Several senators echoed similar concerns during the debate.

The lawmaker representing Edo North, Adams Oshiomhole, argued that APGA remains one of the most stable political parties in Nigeria and does not appear to have the internal divisions required under the constitution to justify a defection.

He also pointed to the party’s recent electoral success in Anambra State as evidence that it remains united and politically active.

According to Oshiomhole, lawmakers should not abandon their parties without genuine constitutional grounds.

Calls for Abaribe to Reconsider

Senate Leader Opeyemi Bamidele described the situation as constitutionally significant and urged Abaribe to reconsider his decision.

Bamidele argued that membership in a political party is a fundamental requirement for election into the National Assembly.

He explained that Section 68 of the constitution also covers situations where a lawmaker loses party membership under circumstances that could have made them ineligible for election in the first place.

According to him, the Senate may be forced to refer the matter to the National Assembly’s legal department if Abaribe refuses to withdraw his defection letter.

Abaribe’s Defense

Defending his decision during the plenary, Abaribe insisted that he had already been expelled from APGA before announcing his move to the ADC.

He told the Senate that he possesses documents proving he was removed from the party as far back as September 2025.

According to him, the constitutional provision cited by other senators does not specifically address situations where a lawmaker is expelled from their political party.

He maintained that his decision to join the ADC was legitimate under the circumstances.

One-Week Deadline

In response, Akpabio said the Senate would allow Abaribe one week to present evidence of his alleged expulsion from APGA.

The Senate President stressed that the chamber must act in accordance with the constitution while also giving the senator a fair opportunity to clarify his position.

If the claim cannot be substantiated, lawmakers may consider invoking the relevant constitutional provisions that could potentially lead to the loss of his seat.

Wider Political Context

The controversy comes amid increasing political realignments ahead of Nigeria’s next electoral cycle.

Abaribe had earlier announced his defection to the ADC during a political gathering in Enugu, where several opposition figures were present.

His move has also drawn reactions from APGA officials in Abia State, who recently called on him and a member of the House of Representatives elected on the party’s platform to vacate their seats following their defections.

The unfolding debate highlights the legal and political complexities surrounding party defections in Nigeria’s democratic system, where lawmakers frequently change political affiliations while retaining their seats in the National Assembly.