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Vincent Otaokpukpu, a lawyer and director of the Legal Obedience Movement, has rejected Yusuf Datti Baba-Ahmed, a prominent member of the Labour Party (LP), for urging former presidential candidate Peter Obi to rejoin the party.
He claimed that the demand for Obi to rejoin the LP had no legal basis under Nigeria’s present election system during an appearance on Arise News.
He claims that the Electoral Act’s requirements make it challenging for a politician to openly change parties quickly, especially in the run-up to party primaries.
At best, Datti Ahmed’s remark is a political declaration that most likely lacks legal support.
“With the exception of likely legal exceptions, switching political parties might not be feasible,” he clarified.
Although freedom of association is guaranteed by the Nigerian Constitution, Otaokpukpu pointed out that recent election laws impose obstacles that may make party mobility and primary participation more difficult.
In reference to the standards for party membership lists, he stated, “If any member… is not contained in the register submitted to INEC… such a fellow will not be eligible to vote and be voted for.”
He contended that these clauses might be in violation of constitutional rights, especially Section 40 of the 1999 Constitution, which protects the right to participate in any political party.
He said, “The Constitution did not stipulate that you had to be a member for a certain amount of time.”
Otaokpukpu emphasized that Obi’s return to the Labour Party is constrained by time and procedural realities in spite of these legal issues.
“The majority of the major political parties will have their conventions and primaries in a matter of weeks, so it is practically impossible,” he stated.
He stressed that rather than political conjecture on party movement, the emphasis should be on resolving discrepancies between the Electoral Act and constitutional principles.
Otaokpukpu stated that Obi is still a strong candidate for the African Democratic Congress (ADC), rejecting claims of an internal crisis within the organization.
“ADC has not held its primary… It’s optimistic that Obi will get the ticket,” he said.
