Details Emerge as Reps Amend Electoral Act, Prescribe N10m Fine, Jail Term for Dual Party Membership

The House of Representatives has passed an amendment to the Electoral Act 2026, criminalizing simultaneous membership in more than one political party, with offenders facing a fine of N10 million or a two-year prison term.

The amendment, introduced during Wednesday’s plenary, adds three new subsections to Section 77 of the Electoral Act 2026, which governs political party membership. If signed into law, individuals found guilty of dual registration will have their membership in all parties declared void and face stringent penalties.

Key Provisions of the Amendment

The amended section explicitly prohibits multiple party registrations and establishes clear consequences for violators:

• Prohibition: “A person shall not be registered as a member of more than one political party at the same time.”

• Void Membership: Where dual membership is established, “such dual membership shall be void, and the person shall cease to be recognised as a valid member of any political party pending regularisation.”

• Criminal Penalty: “A person who knowingly registers or maintains membership in more than one political party at the same time commits an offence and is liable on conviction to a fine of N10,000,000 or to imprisonment for a term of two years, or both.”

Floor Debate: Constitutional Concerns vs. Moral Imperative

The amendment generated robust debate among lawmakers, revealing sharp divisions over its constitutional validity and practical application.

Hassan Fulata, an All Progressives Congress (APC) member from Jigawa State, raised constitutional objections, arguing that the provision may contravene Section 40 of the 1999 Constitution, which guarantees freedom of association. He proposed an alternative framework that would limit individuals to one party at a time without automatically invalidating membership in both upon discovery.

However, Jonathan Gaza, a Social Democratic Party (SDP) member from Nasarawa State, strongly defended the amendment, characterizing dual party membership as fundamentally dishonest.

“It would amount to mischief for an adult to register in two political parties simultaneously,” Gaza argued. “Individuals should identify with one political platform at a time. While people are free to switch parties, they should first leave one before joining another.”

 

Ejes Gist News reports that the debate highlighted tensions between individual rights and the need for political integrity, with lawmakers grappling with how to balance constitutional freedoms against the imperative to sanitize the electoral process.

Clarifying the Target

Lawan Ali, a lawmaker from Yobe State, sought to clarify that the amendment specifically targets individuals who deliberately maintain active membership in multiple parties simultaneously, rather than those who properly resign from one before joining another.

“Nigerians typically resign from their political party before joining another,” Ali explained. “This provision seeks to address cases where people retain membership in two parties at the same time.”

Proposed Safeguards and Clarifications

Sada Soli, an APC legislator from Katsina State, supported the amendment’s objective but raised concerns about its drafting clarity. He proposed that the Independent National Electoral Commission (INEC) should notify affected political parties upon discovering dual registration and grant the individual 14 days to choose which party to retain.

Under Soli’s proposed framework, failure to make a timely choice would render the person ineligible to participate in primary elections for that electoral cycle.

Deputy Speaker’s Firm Stance

Presiding over plenary, Deputy Speaker Benjamin Kalu dismissed concerns about constitutional conflicts, taking a firm position against dual membership.

“It is fraudulent misrepresentation,” Kalu stated emphatically. “Individuals should clearly identify with a political ideology instead of deliberately registering in multiple political parties.”

The deputy speaker’s remarks signaled strong leadership support for the amendment, potentially smoothing its path through the legislative process.

Implications for Political Landscape

If signed into law, the amendment would significantly alter Nigeria’s political landscape by:

• Deterring Opportunism: Discouraging politicians from maintaining multiple party affiliations to hedge against primary election losses.

• Strengthening Party Systems: Encouraging genuine ideological commitment rather than transactional political maneuvering.

• Clarifying Voter Choice: Ensuring that candidates stand on specific party platforms rather than maintaining ambiguous affiliations.

Next Steps

The amended Electoral Act 2026 now awaits concurrence by the Senate before transmission to the President for assent. Legal observers note that if challenged in court, the provision’s compatibility with constitutional freedom of association guarantees will likely face judicial scrutiny.

Political analysts suggest that the amendment, if upheld, could fundamentally reshape party politics ahead of future electoral cycles, forcing politicians to make definitive choices about their political identities.