Chuks Okocha, Alex Enumah in Abuja and Wale Igbintade in Lagos

Bayelsa State Governor, Douye Diri’s non-membership of any political party following his last week’s resignation from the Peoples Democratic Party (PDP) that brought him to office has divided senior lawyers in the country.

Diri had announced his resignation but did not indicate he would be moving to any political party, unlike some PDP governors who recently resigned from the party and moved to the ruling All Progressives Congress (APC).

While some of the lawyers interviewed by THISDAY questioned the constitutionality of his non-membership of any political party, insisting that the governor has lost the right to remain in office, others argue that the governor broke no law by not joining any party immediately after his resignation.

However, many described the governor’s action as a new challenge for the country’s jurisprudence, as well as the legislature, given the fact that the framers of the constitution did not envisage such development.

Elected public officials, including governors, are products of political parties since the Nigerian Constitution does not recognise independent candidacy.

Speaking on the issue, some lawyers explained that under the 1999 Constitution (as amended), party membership is only required at the point of contesting an election and not as a continuing condition for holding the office of governor.

 Rev John Olusola Baiyeshea (SAN), in his reaction, argued that Diri must align with another political party immediately or risk forfeiting his office.

He noted that the constitutional framework on these emerging issues did not envisage a situation in which elected officials of the calibre of a governor would resign from the political party that sponsored him and stay without a party.

“There is no provision for independent candidacy in our constitution and electoral laws. Therefore, he must align with another political party immediately or risk forfeiting his office.

“We always say in our electoral jurisprudence that election matters are ‘sui generis’, that is, novel in nature and special legal considerations (out of the books or you think out of the box), to deal with such special or ‘strange’ situations like this one”, he said.

While stating that the above scenario has been the attitude of the courts, Baiyeshea, however, stressed that Diri may risking his office if he does not get himself into another political party within the shortest time possible, as some aggrieved persons may go to court to ask the court to send him parking and they find justification in the existing laws and decisions of courts in similar or previous cases.

While noting that the easiest route to that would have been impeachment, the senior lawyer observed the near impossibility of this option, since the governor had resigned with almost all the 28 members of the Bayelsa State House of Assembly, who are constitutionally empowered to commence impeachment proceedings.

Also speaking, another senior lawyer, Mr. Eko Ejembi Eko (SAN), agreed that having left the PDP to no other political party, the governor’s seat ought to be declared vacant.

Eko stated that the constitution has made it very clear that it is a political party that wins an election.

“So, if you are leaving one party, you should be leaving for another party and you should provide a genuine reason why you are leaving the party, not just because you like to leave. 

Eko added that: “Until an independent candidacy is recognised in Nigeria I don’t think it is sane enough within the boundaries of the law”.

He, however, urged for a review of the country’s law to attend to such issues of resignation from a political party without joining another party.

However, to Mallam Ahmed Raji (SAN), the action of the governor may not necessarily result in his removal from office, as the Constitution did not expressly say so.

“While membership of a party is a condition precedent, it will appear that it is not a condition for his stay in the office. 

“It is a testable legal hypothesis. Opinions may differ”, he said.

Raji expressed the belief that the governor is taking his time and “will surely move to another party”. 

“On whether it is legal to remain in office without membership of a political party? The appropriate question may be, what if he is expelled from his party? Does he automatically lose his seat? I think not”, the senior lawyer stated. 

On his part, Abiodun A. Olatunji (SAN), cited Sections 177, 180, 188, and 189 of the Constitution and the Supreme Court’s decision in Attorney-General of the Federation v. Atiku Abubakar (2007) 10 NWLR (Pt. 1041) 1, noting that party membership is required only at the point of election.

 “The Constitution in Sections 180, 188, and 189 clearly spells out the only grounds upon which a Governor can cease to hold office — resignation from office, death, impeachment, nullification of election, or expiration of tenure. Resignation from a political party is not one of those grounds,” he said.

 “Once elected, the governor’s legitimacy derives from the Constitution, not the sponsoring party,” he explained.

 Also, Mr. Monday Ubani (SAN), while aligning with Olatunji’s position emphasised that the Constitution provides specific and limited conditions for removing a sitting governor, adding that resignation from a party is not one of them.

 “The Constitution is very clear as to when a governor can lose his seat. Anyone clamouring for the governor to vacate office is wasting their time,” Ubani stated.

 “The only situation that could arise is if the House of Assembly interprets the resignation as gross misconduct and initiates impeachment proceedings. But even that is a political process, not a constitutional mandate triggered automatically by resignation from a party.”

 Similarly, Mr. Norrison Quakers (SAN), said the episode highlights the weak political party ideology in Nigeria.

“Most Nigerian politicians are bereft of integrity, and our political parties are not really based on ideology,” Quakers stated, lamenting frequent defections motivated by political relevance or protection rather than principle.

Richard Ohanoruogho (SAN) also argued that the governor’s resignation has no constitutional effect.

 “The conditions under which a governor can lose office are stated in the Constitution, and resignation from a political party is not one of them,” he added.

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