By Sandra Chukwunyere
The New Nigeria Peoples Party (NNPP) has dragged the Independent National Electoral Commission (INEC) and 45 others before the Federal High Court in Abuja over the alleged defection of 45 lawmakers elected on its platform in the 2023 general elections to the All Progressives Congress (APC) and other political parties.
The suit, filed through the party’s counsel, Lex Firma LP, seeks judicial interpretation and enforcement of constitutional provisions governing the defection of elected lawmakers from the political parties on whose platforms they secured their mandates.
According to an affidavit filed in support of the originating summons, the affected lawmakers comprise members of the Kano State House of Assembly, the House of Representatives and the Senate, who allegedly abandoned the NNPP for other political parties while retaining their legislative seats.
The party alleged that the lawmakers failed to follow the necessary procedures for terminating their membership of the NNPP before joining other political parties.
It further claimed that some of the affected lawmakers had already been listed by INEC as candidates of the APC, New Nigeria Democratic Congress (NDC) and African Democratic Congress (ADC) for the 2027 general elections, raising questions about the legality of their nominations and continued occupation of their current legislative seats.
Among the Kano State lawmakers identified by the party are Ismail Falgore Jibril, representing Rogo Constituency; Bello Muhammad Butu Butu, Rimin Gado/Tofa Constituency; Shehu Garba Fammar, Kibiya Constituency; and Muhammad Kadage Murtala, Garko Constituency.
In a letter dated October 19, 2026, addressed to INEC, the NNPP said it had drawn the Commission’s attention to the alleged defections and requested an investigation into the circumstances surrounding the lawmakers’ purported resignations and subsequent membership of other political parties.
The party expressed concern that the affected politicians allegedly remained on its membership register while simultaneously being registered as members of other parties, which it argued violated statutory provisions governing political-party membership.
It also maintained that the alleged defections did not comply with the relevant provisions of its constitution, particularly Articles 8.2(a), 8.2(b) and 8.3(a), which it cited in support of its position.
To strengthen its case, the NNPP relied on judgments delivered by the Abia State High Court on November 1, 2024, in Suit No. HUZ/11/2024, and the Court of Appeal on March 30, 2026, in Appeal No. CA/OW/271/2025, which it said affirmed the authority of its Board of Trustees and founder in matters relating to the party’s administration.
The party further argued that it had neither merged with the APC or any other political party nor ceased to exist as a registered political party. It therefore maintained that the circumstances surrounding the alleged defections did not fall within the constitutional exceptions permitting lawmakers to change political parties without losing their seats.
Consequently, the NNPP is seeking the court’s interpretation of Sections 68(1)(g), 68(2), 109(1)(g) and 109(2) of the 1999 Constitution, as amended. The 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.
The party is also seeking appropriate constitutional steps concerning the affected legislative seats, including the possibility of declaring them vacant and conducting bye-elections. It said it was prepared to participate in any bye-elections lawfully conducted in the affected constituencies.
The affidavit supporting the originating summons was deposed to by Junia Oludare, a litigation secretary with Lex Firma LP, and sworn to at the Federal High Court Registry, Abuja, on October 27, 2026.
The court action follows an earlier statement by the NNPP, signed by its founder and Chairman of the Board of Trustees, Dr Boniface Aniebonam, in which the party rejected calls to backdate the resignation of members who allegedly failed to complete the required procedures before the party notified INEC of their non-compliance with its constitution.
The party warned that falsifying resignation records would amount to criminality and urged individuals seeking backdated resignation documents to desist from such actions.
The development followed the NNPP’s October 19 letter to INEC, alleging that Kano State Governor Abba Yusuf, 18 members of the House of Representatives, 28 members of the Kano State House of Assembly and two senators, among other elected officials, had failed to fulfil the party’s constitutional requirements for resignation.
The letter, jointly signed by the NNPP National Chairman, Dr Agbo Major, and its National Secretary, Mr Oginni Olaposi, informed INEC of what the party described as the affected politicians’ failure to comply with its internal provisions governing resignation.
The NNPP’s suit is expected to bring before the court questions surrounding the constitutional implications of political defection by elected lawmakers, the circumstances under which legislative seats may become vacant and INEC’s responsibilities in relation to electoral compliance ahead of the 2027 general elections.
Reacting to the development, the Founder of the Party, Dr. Boniface Aniebonam declared: “Time shall tell.”
