The recent surge in the defection of members of various parties—particularly from the People’s Democratic Party(PDP)—to the All Progressive Congress (APC) party, has changed the political trajectory. Many are speculating about the emergence of a one party political system. Among these defectors is the Delta State Governor; Sheriff Oborevwori and many others.

These events have raised questions regarding the ethical and legal viewpoint on the issue of defections by sitting governors and members of parliament.

The position of law is settled as regards the defection of sitting Governors. In the case of OGBUOJI V. UMAHI (2022) 8 NWLR (Pt. 1832) 323, the court held that: "By virtue of sections 68 and 109 of 1999 Constitution (as amended) holders of the Executive offices of President, Vice-President, Governor and Deputy-Governor will not lose their seats where such officers defect from the political party under whose platform they were elected into office."

The reasoning being that, contrary to the express provisions of Section 68(1)G and 109(1) G, of the 1999 constitution of the federal republic of Nigeria (as amended), as regards to Federal and state legislature respectively—that prevents a member of the legislature from defecting from the party on whose platform he was elected without showing that the party he left had suffered a division. With the consequence being to vacate his seat, otherwise his seat will be declared vacant—there are no such provisions enshrined under any law with respect to a defecting Governor. Thus, based on the legal principle of "expressio unius est exclusio alterius" the court ruled that a Governor’s seat cannot be declared vacant merely on grounds that he defected from a party that brought him into office.

Moreover, despite the extant provisions of S. 68(1)G and 109(1)G CFRN, the supreme court has held in the recent case of RIVERS STATE HOUSE OF ASSEMBLY & ANOR. V. THE GOVERNMENT OF RIVERS STATE & 9 ORS. (2025) LPELR-80539 (SC), that for the above sections to operate it must be "shown or suggested that their names are now in the register of members of another political party or that they have obtained membership card of that other party. Membership register and membership card constitute the only proof of membership of a political party.” In other words it must be proven on an “evidential basis” that they had indeed defected to another party.

This recent cross carpeting campaign has reawakened the arguments of whether or not these laws should apply to Governors as well.