A legal practitioner and Director of the Legal Obedience Movement, Vincent Otaokpukpu, has said that suggestions for Peter Obi to return to the Labour Party lack legal grounding under Nigeria’s current electoral framework.
Speaking during an interview on ARISE News on Thursday, Otaokpukpu described the comments attributed to Yusuf Datti Baba-Ahmed as largely political rather than legally feasible.
“Datti Ahmed’s comment at best is a political statement, probably without a legal backing,” he said.
According to him, provisions in the Electoral Act make it difficult for a politician to freely switch parties within a short timeframe, particularly in the lead-up to party primaries.
“It may be impracticable to move from one political party to another, save for probably exceptions created under the law,” he explained.
Otaokpukpu noted that while the Nigerian Constitution guarantees freedom of association, recent electoral provisions introduce conditions that could complicate party movement and participation in primaries.
“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 said, referring to requirements for party membership lists.
He argued that such provisions may conflict with constitutional rights, particularly Section 40 of the 1999 Constitution, which guarantees the freedom to belong to any political party.
“The Constitution did not provide that you must be a member for such-and-such time,” he stated.
Despite these legal concerns, Otaokpukpu emphasized that the feasibility of Obi returning to the Labour Party is limited by timing and procedural realities.
“It is practically impossible because most of the major political parties will be having their conventions and primaries just within a space of a few weeks,” he said.
He maintained that the focus should be on addressing inconsistencies between the Electoral Act and constitutional provisions, rather than political speculation about party movement.
While dismissing suggestions of internal crisis within the African Democratic Congress (ADC), Otaokpukpu said Obi remains a viable contender within the party.
“ADC has not conducted their primaries… it’s hopeful that Obi will secure the ticket,” he noted.
He added that political parties may adopt strategies such as zoning to improve electoral chances, describing such arrangements as part of broader political calculations.
Triumph Ojo
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