By Okoi Obono-Obla
On 3 May 2026, a seismic political development occurred in Nigeria as realignment of political parties and politicians reached its peak during the primary elections to nominate candidates in compliance with the timetable released by the Independent National Electoral Commission (INEC) for the 2026 general election. Two leaders of the fractional African Democratic Congress (ADC), Peter Obi and Dr. Rabiu Musa Kwankwaso, resigned from the ADC to join the newly registered National Democratic Congress (NDC), citing instability and fragmentation within the ADC.
These leaders, representing the South East and North West respectively, command significant followership in their geopolitical regions. They have urged their supporters to resign en masse from the ADC and join the NDC, mindful of the 10 May 2026 deadline for political parties to submit their digital membership registers to INEC. This leaves six days for their supporters to join the NDC and be digitally registered, thereby entitling them to vote and be voted for during the NDC primaries to nominate candidates for the presidency, National Assembly, governorships, and state assemblies.
Section 77 of the Electoral Act 2026:
– Subsection (1): Each political party must maintain a digital register of members containing full details (name, sex, date of birth, address, National Identification Number, and photo).
– Subsection (2): This register must be submitted to INEC not later than 21 days before party primaries.
– Subsection (3): Only members whose names appear in the submitted register can vote or be voted for in primaries, congresses, or conventions.
– Subsection (5): Dual membership is expressly prohibited. No person may be registered in more than one party at the same time. If dual membership is discovered, it is void, and the person ceases to be recognised as a valid member of any party until regularised. The penalty is a fine of ₦10 million and/or two years imprisonment.
⚖️ Legal Implications
1. Resignation Validity: The resignation of Obi and Kwankwaso must be formally acknowledged and processed by ADC’s ICT department to remove them from its digital register.
2. NDC Membership: To participate in NDC primaries, their names must appear in NDC’s register submitted to INEC before the deadline.
3. Risk of Dual Membership: If ADC fails to deregister them before NDC submits its register, they could appear in both registers, exposing them to sanctions under Section 77.
4. Supporters’ Movement: Supporters who heed their call must also ensure proper deregistration from ADC before registering with NDC. Failure to do so risks exclusion from primaries or criminal liability for dual membership.
Conclusion:
From a constitutional standpoint, the right to freedom of association under Section 40 of the 1999 Constitution guarantees the liberty of citizens to join or leave political parties. However, Section 77 of the Electoral Act 2026 imposes strict procedural and criminal consequences for dual membership. Thus, while the resignation of Obi and Kwankwaso and their mass movement to NDC is constitutionally permissible, it is legally effective only if properly reflected in the digital registers submitted to INEC. The next six days are therefore critical, both for the leaders and their supporters, to avoid disenfranchisement or exposure to criminal liability.
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