FINTIRI’S DEFECTION: A CONSTITUTIONALLY PERMISSIBLE EXERCISE OF FREEDOM OF ASSOCIATION

Introduction

The reported intention of Governor Ahmadu Umaru Fintiri to defect from the People’s Democratic Party (PDP) to the All Progressives Congress (APC) has generated significant public debate across Adamawa State and beyond. Critics have framed the development in moral and political terms raising concerns about party loyalty, consistency, and respect for supporters.

However, beyond political sentiments lies a more fundamental question: Is the governor legally entitled to change his political party affiliation?

This piece examines the issue strictly within the framework of constitutional law, party law, and established democratic principles in Nigeria, and concludes that such a decision is fully permissible under the law.

1. Constitutional Foundation: Freedom of Association

The starting point is the Constitution of the Federal Republic of Nigeria (as amended).

Section 40 – Freedom of Association

Section 40 provides:

 “Every person shall be entitled to assemble freely and associate with other persons, and in particular he may form or belong to any political party, trade union or any other association for the protection of his interests…”

This provision is clear, broad, and unambiguous. It grants every citizen, including elected officials, the right to:

• Join a political party,

• Leave a political party,

• Form a new political party.

There is no constitutional exception carved out for governors or other elected executives. Therefore, Governor Fintiri, like every Nigerian citizen, enjoys the full protection of Section 40.

2. No Constitutional Sanction Against Governors for Defection

It is important to distinguish between legislators and executive office holders under Nigerian constitutional law.

A. Lawmakers and Anti-Defection Provisions

Sections 68(1)(g) (National Assembly) and 109(1)(g) (State Houses of Assembly) of the Constitution contain anti-defection provisions applicable to legislators. A lawmaker may lose his seat if he defects from the party under which he was elected, except in limited circumstances (e.g., division within the party).

B. Governors Are Not Bound by Anti-Defection Provisions

Notably, the Constitution does not contain a similar provision for:

Governors

Deputy Governors

The President

The Vice President

This omission is deliberate and legally significant.

In constitutional interpretation, where the law expressly mentions one category and omits another, the omission is presumed intentional. Therefore, the absence of anti-defection sanctions for governors means:

A governor does not lose his office merely by defecting to another political party.

The Supreme Court has consistently upheld the principle that political office belongs to the person elected into it, not automatically to the political party, except where the Constitution explicitly provides otherwise.

3. Party Autonomy Under the APC Constitution

The All Progressives Congress operates under its constitution, which governs membership admission.

Article 9(1) – Admission of Members

Article 9(1) empowers the party to admit as members:

Persons who apply to join the party and who are prepared to accept and defend the aims and objectives of the party.

There is no constitutional prohibition against admitting members from other political parties.

Article 9(2) – Regulatory Powers, Article 9(2) empowers the National Executive Committee (NEC) to make rules regulating admission procedures.

Thus, from a party law perspective: The APC has the legal authority to admit Governor Fintiri.

There is no internal constitutional barrier preventing such admission. Defection is a recognized and established feature of Nigerian political practice.

4. Democratic Principles and Political Realignment

Political realignment is not alien to Nigerian democracy. Since 1999, numerous governors and high-ranking officials have switched party affiliation without constitutional invalidation of their offices.

Political parties in Nigeria are vehicles for democratic participation, not instruments of permanent bondage. Democracy presupposes fluid political alignment based on:

a. Policy direction,

b. Governance philosophy,

c. National interest,

d. Strategic political calculations.

A governor’s mandate is derived from the electorate, not solely from party structures. While party platforms facilitate electoral success, the office of governor is constitutionally established and governed primarily by constitutional provisions, not party loyalty clauses.

5. Loyalty vs. Legality: A Necessary Distinction

The criticism surrounding the defection largely rests on moral or political arguments:

Allegations of betrayal, Claims of insincerity, Perceived disrespect to supporters. These are political opinions not legal disqualifications. In a constitutional democracy, legality is determined by law, not by sentiment.

So long as:

The Constitution does not prohibit the action, The party constitution permits admission, Due process is followed, The action remains lawful.

6. The Supremacy of the Constitution

Section 1(1) of the Constitution of the Federal Republic of Nigeria provides that:

 “This Constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria.”

Any argument seeking to invalidate a governor’s defection must therefore point to a clear constitutional prohibition. No such prohibition exists.

7. Political Accountability Remains with the Electorate

It is also important to emphasize that:

The electorate retains the power of democratic judgment in future elections.

Political decisions, including defection, may carry electoral consequences.

The ultimate accountability mechanism in democracy is the ballot, not speculative legal disqualification.

Thus, while citizens may debate the wisdom of the decision, the legality of the decision stands on firm constitutional footing.

Conclusion

Governor Ahmadu Umaru Fintiri’s reported defection from the People’s Democratic Party to the All Progressives Congress is:

Constitutionally protected under Section 40 (Freedom of Association),

Not prohibited by any anti-defection provision applicable to governors,

Permissible under the APC Constitution,

Consistent with democratic political practice in Nigeria.

While political debates will continue as they should in a vibrant democracy the legal position remains clear:

The defection of a sitting governor from one political party to another is constitutionally permissible and legally sustainable under Nigerian law.

Ultimately, in a constitutional democracy governed by the rule of law, legality not emotion must guide our evaluation of political developments.