Vincent Otaokpukpu, a lawyer and director of the Legal Obedience Movement, has rejected Yusuf Datti Baba-Ahmed, a prominent member of the Labour Party (LP), who called for former presidential candidate Peter Obi to return to the party.
In an interview with Arise News, he claimed that Nigeria’s present electoral system does not support the demand for Obi to rejoin the LP.
He claims that the Electoral Act’s requirements make it challenging for a politician to quickly and freely change parties, especially in the run-up to party primaries.
“At best, Datti Ahmed’s remark is a political declaration that most likely lacks legal support.
He clarified, “It may be impracticable to switch political parties, save for probably exceptions created under the law.”
Although freedom of association is guaranteed by the Nigerian Constitution, Otaokpukpu pointed out that new election requirements may make it more difficult for parties to move and participate in primaries.
Referring to the specifications for party membership lists, he stated, “If any member… is not contained in the register submitted to INEC… such a fellow will not be eligible to vote and be voted for.”
He contended that these clauses might be in violation of constitutional rights, especially Section 40 of the 1999 Constitution, which protects the right to join any political party.
He said, “The Constitution did not stipulate that you have to be a member for a certain amount of time.”
Otaokpukpu emphasized that Obi’s return to the Labour Party is constrained by time and procedural realities despite these legal issues.
He stated, “It is practically impossible because most of the major political parties will have their conventions and primaries in just a few weeks.”
He stressed that rather than political conjecture about party movement, the emphasis should be on resolving discrepancies between the Electoral Act and constitutional obligations.
Otaokpukpu denied reports of an internal crisis within the African Democratic Congress (ADC) and stated that Obi is still a strong candidate.
“ADC has not held its primaries. “Hopefully, Obi will get the ticket,” he said.
