The New Nigeria Peoples Party (NNPP) has filed a lawsuit against the Independent National Electoral Commission (INEC) and 45 lawmakers over their alleged defection to other political parties after winning legislative seats on the NNPP platform in the 2023 general elections.
The suit, instituted before the Federal High Court in Abuja, seeks judicial clarification on whether the affected lawmakers can retain their seats after allegedly leaving the party that sponsored their elections.
The party is also challenging the circumstances surrounding their reported resignations and subsequent membership of other political parties ahead of the 2027 general elections.
According to court documents cited by the News Agency of Nigeria (NAN), the NNPP wants the court to determine whether the alleged defections violate provisions of the 1999 Constitution relating to the tenure of elected legislators.
NNPP Challenges Defection of Kano, Federal Lawmakers
The NNPP filed the action through its legal representatives, Lex Firma LP, naming INEC alongside 45 lawmakers elected on its platform in 2023.
The affected legislators reportedly include members of the Kano State House of Assembly, the House of Representatives and the Senate.
In an affidavit supporting the originating summons, the party alleged that the lawmakers had joined other political parties while continuing to occupy legislative seats secured through the NNPP.
It further claimed that the affected politicians did not complete the resignation procedures required under its internal party constitution.
The NNPP argued that the circumstances of their departure did not fall within the constitutional exceptions allowing lawmakers to change political parties without losing their seats.
The allegations have not yet been determined by the court.
Party Questions Lawmakers’ Eligibility for 2027 Elections
Beyond the lawmakers’ continued occupation of their seats, the NNPP also raised concerns about their reported participation in preparations for the 2027 elections.
The party alleged that some of the affected legislators had already appeared on INEC’s candidate lists as nominees of other political parties.
It specifically referred to members of the Kano State House of Assembly whose names reportedly appeared under different party affiliations.
The NNPP maintained that the situation raised questions about the validity of their new party memberships and nominations.
According to the party, some of the lawmakers remained on its membership register despite allegedly joining other political organisations.
It wants the court to examine the legal implications of these circumstances.
NNPP Cites Constitutional Provisions on Defection
The lawsuit relies on Sections 68(1)(g) and 68(2) of the 1999 Constitution, which address circumstances in which members of the National Assembly may lose their seats after changing political parties.
It also cites Sections 109(1)(g) and 109(2), which contain related provisions concerning members of state Houses of Assembly.
Under the Constitution, a legislator who changes political parties before the expiration of the term may be required to vacate the seat, subject to recognised exceptions.
These include circumstances involving a division in the political party or a merger involving political parties, as interpreted under applicable constitutional law.
The NNPP insisted that it had neither merged with another party nor ceased to exist as a registered political organisation.
It argued that the lawmakers could not rely on the constitutional exceptions merely because they had chosen to join other parties.
However, whether any exception applies will depend on the facts and the court’s interpretation of the law.
Party Insists Resignation Procedures Were Not Followed
The NNPP also based part of its case on provisions of its internal constitution.
It cited Articles 8.2(a), 8.2(b) and 8.3(a), which it said regulate party membership and resignation procedures.
According to the party, the affected lawmakers did not obtain the necessary clearance from its Board of Trustees before leaving.
The NNPP maintained that the alleged failure to comply with these procedures meant their departures had not been properly regularised under its rules.
It also referred to earlier court decisions concerning the authority of its Board of Trustees and founder in matters relating to the party’s administration.
These include a November 1, 2024 judgment of the Abia State High Court in Suit No. HUZ/11/2024 and a March 30, 2026 Court of Appeal judgment in Appeal No. CA/OW/271/2025.
The party argued that the decisions support its position on the authority of its leadership.
The legal effect of those judgments on the current defection dispute remains a matter for the court to determine.
NNPP Asks for Possible Bye-Elections
The NNPP wants the court to determine whether the alleged defections require the affected lawmakers to vacate their legislative seats.
It also seeks appropriate notification of the relevant legislative authorities so that constitutional procedures can be considered.
If the court finds that any of the seats have become vacant, the party wants the relevant authorities to take lawful steps, potentially including the conduct of bye-elections.
The NNPP said it would be prepared to contest any bye-elections organised in the affected constituencies.
No judicial order declaring the 45 seats vacant has been reported.
NNPP Had Earlier Petitioned INEC
Before filing the suit, the party had written to INEC on October 19, 2026, requesting an investigation into the alleged defections.
In that correspondence, the NNPP reportedly raised concerns about Kano State Governor Abba Yusuf, 18 members of the House of Representatives, 28 Kano State lawmakers and two senators elected on its platform in 2023.
The party alleged that the politicians had not fulfilled its requirements for formally terminating their membership.
The earlier petition covered a broader group than the 45 lawmakers identified in the current court action.
The party also expressed concern that some individuals were pursuing political ambitions under other parties while their NNPP membership records allegedly remained active.
NNPP Founder Warns Against Backdated Resignation Records
The party’s founder and Board of Trustees chairman, Boniface Aniebonam, previously warned against attempts to backdate resignation documents.
Aniebonam maintained that the NNPP would not accept retrospective documentation intended to establish that politicians had completed resignation procedures before the party formally raised its objections.
He warned that falsification of official resignation records could have legal consequences.
The allegations concerning any such documentation remain unproven, and the report does not establish that a particular lawmaker falsified records.
Court Case Could Clarify Defection Rules
The lawsuit raises wider questions about political-party membership, legislative mandates and the constitutional consequences of changing party affiliation.
Nigeria’s Constitution provides rules governing defections by elected legislators, but disputes can arise over whether the circumstances of a particular defection fall within the permitted exceptions.
The NNPP’s action will require the court to consider the evidence relating to the affected lawmakers, the party’s internal procedures and the relevant constitutional provisions.
The outcome could also influence how similar disputes are handled as political parties and candidates prepare for the 2027 general elections.
The court has yet to determine the claims, and the affected lawmakers and INEC remain entitled to present their responses.
