The New Nigeria Peoples Party has sued the Independent National Electoral Commission and 45 lawmakers before the Federal High Court in Abuja, asking the court to determine the constitutional consequences of their alleged defection from the party while retaining seats won on its platform in the 2023 general elections.
The suit, filed through the party’s lawyers, Lex Firma LP, concerns members of the Kano State House of Assembly, the House of Representatives and the Senate whom the NNPP alleges moved to other political parties without completing the procedures required to terminate their membership.
According to an affidavit filed in support of the originating summons, the party contends that the affected lawmakers continue to occupy legislative seats secured on the NNPP platform despite allegedly joining other political parties.
The NNPP further alleged that some of the lawmakers have already appeared on INEC’s candidate lists for the 2027 general elections under different political parties, while their names remain on the NNPP membership register.
The party is asking the court to determine whether the circumstances surrounding the defections fall within the constitutional exceptions that permit elected lawmakers to change political parties without losing their seats.
It relies on Sections 68(1)(g) and 68(2) of the 1999 Constitution, as amended, which deal with defection by members of the National Assembly, as well as Sections 109(1)(g) and 109(2), which contain similar provisions for members of state Houses of Assembly.
The NNPP maintained that it had neither merged with another political party nor ceased to exist as a registered political party, arguing that the constitutional exceptions permitting lawmakers to retain their seats after changing parties did not apply in the circumstances it placed before the court.
“We also want the relevant legislative authorities to be notified of the alleged defections and appropriate constitutional steps taken concerning the affected seats, including the possibility of declaring them vacant and conducting bye-elections,” the party stated.
It added that it was prepared to participate in any bye-elections that may be lawfully conducted if the court determines that any of the affected seats have become vacant.
The party also relied on provisions of its constitution, including Articles 8.2(a), 8.2(b) and 8.3(a), arguing that the lawmakers did not obtain the necessary clearance from its Board of Trustees before leaving the party.
It cited judgments of the Abia State High Court delivered on November 1, 2024, in Suit No. HUZ/11/2024, and the Court of Appeal, Owerri Division, delivered 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 concerning the party’s administration.
Before approaching the court, the NNPP had written to INEC on October 19, 2026, requesting an investigation into the alleged defections and the circumstances surrounding the lawmakers’ purported resignations and subsequent membership of other political parties.
The party expressed concern that politicians who allegedly remained on its membership register could simultaneously be recognised as members or candidates of other political parties ahead of the 2027 elections.
NNPP founder and Chairman of its Board of Trustees, Dr Boniface Aniebonam, also warned against attempts to backdate resignation documents for members who allegedly failed to complete the party’s exit process before the matter was brought to INEC’s attention.
Aniebonam said the party would not accept any attempt to retrospectively regularise such resignations, warning that falsification of resignation records would amount to criminal conduct.
In its October 19 letter to INEC, the party separately referred to Kano State Governor Abba Yusuf, 18 members of the House of Representatives, 28 members of the Kano State House of Assembly and two senators as politicians it alleged had not fulfilled its requirements for resignation.
Those figures do not correspond exactly with the 45 lawmakers named as the subject of the current suit, and the reports on the court action do not explain the numerical difference.
The affidavit supporting the suit was deposed to by Junia Oludare, a litigation secretary with Lex Firma LP, at the Federal High Court Registry in Abuja on October 27, 2026.
Post Title: “Declare Their Seats Vacant, Conduct Bye-Elections; No Backdating Of Resignation Records” — NNPP Sues INEC, 45 Lawmakers Over Alleged Defections By Naijaonpoint.