In 2022, Justice Inyang Ekwo delivered a landmark judgment that sacked David Umahi, then Governor of Ebonyi State, his deputy and members of the state’s assembly, for defecting from the People’s Democratic Party to the All Progressives Congress. While that decision may have seemed controversial, it will remain as one of the most intellectually stimulating rulings in Nigeria’s political and legal history.
Though the judgment was later overturned by the Court of Appeal, it continues to provoke debate about the nature of political mandates, the meaning of party loyalty, and the constitutional vacuum surrounding executive defections.
Justice Ekwo’s judgment was predictive as it intended to forestall the spectre of defections now rocking the polity. The ruling came at a time when mass defections were destabilising party structures. His judgment was like a warning and a declaration that party mandates are not personal property. Many scholars argued that the judgment had the tone of a judge who perceived a looming political crisis and wanted to send a strong deterrent message.
Again, the judgment was meant to set an agenda for the National Assembly to pass a law against political defection, which is consistent with a known judicial pattern: Nigerian courts often deliver(ed) judgments that double(d) as policy signals, especially where the law is(was) silent or weak.
Ekwo’s ruling strongly emphasised the doctrine of political morality, highlighting the loopholes in the 1999 Constitution regarding executive defections. It was, therefore, a “wake-up call” to lawmakers, not just a legal decision. Indeed, the National Assembly has since discussed proposals to amend the Constitution to address executive defections, showing that the judgment successfully injected the issue into national legislative discourse, but alas, they have jettisoned the call.
If the Court of Appeal had sustained Ekwo’s judgment, political parties and democracy would have benefited, as party discipline would have improved drastically. Politicians would think twice before defecting, mandates would be seen as collective party property rather than commodities, and internal party democracy would become stronger because members would have incentives to stay and reform their parties from within.
A sustained judgment would have re-established ideology, loyalty, and consistency, the three elements missing in Nigerian politics.
Within this year, 2025, six governors have abandoned their parties:
1. Sheriff Oborevwori, Governor of Delta State: He defected from PDP to APC in April 2025.
2. Umo Eno, Governor of Akwa Ibom State: He defected from PDP to APC in June 2025.
3. Peter Mbah, Governor of Enugu State: He defected from PDP to APC in October 2025.
4. Douye Diri, Governor of Bayelsa State: He resigned from PDP and joined APC in November 2025.
5. Siminalayi Fubara, Governor of Rivers State: He defected from PDP to APC in December 2025.
6. Ademola Adeleke, Governor of Osun State: He defected from PDP to the Accord Party in
December 2025. He couldn’t move to APC because party men in Osun APC “allegedly” blocked his overtures.
While these defections might seem expedient for the governors – especially the ones seeking a second term mandate, and the parties which the defections favour, these actions are not in the best interest of the nation and its people. This political transplanting should not be happening in a pluralistic society like Nigeria, where strong political opposition, ideological differences, and political plurality are essential towards enriching democratic experience and guaranteeing democratic dividend.
Justice Ekwo’s judgment possessed so deep political insight, having foretold that indiscriminate defections would severely destabilise Nigeria’s democratic institutions. By insisting that the mandate belongs to the political party, not the individual, the judgment attempted to restore dignity to party platforms and to discourage opportunistic movement driven by personal gain rather than ideological conviction.
Although the Court of Appeal overturned it, one may argue that Nigeria’s political system would have been stronger today, more disciplined, more predictable, and more respectful of ideology, if Ekwo’s radical, visionary and predictive interpretation had prevailed.
His legal reasoning may have seemed imperfect, going by the imperfections of the 1999 constitution, but his political foresight will, for a long time, remain undeniable.
This is Political Development Diagnosis – Powered by Development Diagnosis Initiative (DDI)
