A fresh amendment to the Electoral Act 2026 prescribing a ₦10 million fine or two years’ imprisonment for individuals holding membership in more than one political party has triggered intense debate across Nigeria’s political space.
The controversial proposal, passed by the House of Representatives, has divided lawmakers and drawn sharp criticism from opposition figures and analysts, who warn it could undermine constitutional rights and affect the credibility of the 2027 general elections.
The amendment comes barely a month after the Electoral Act 2026 was signed into law by President Bola Tinubu.
During plenary, the House considered and passed the fresh amendment after it scaled first and second readings, committee stage, and third reading in a single legislative process.
The bill introduces three new clauses to Section 77 of the Act, which deals with political party membership.
Sponsored by the House Leader, Julius Ihonvbere, the proposal seeks to criminalise dual party membership and impose strict penalties on offenders.
Under the amendment, any individual found to be a member of more than one political party at the same time risks severe sanctions.
“A person shall not be registered as a member of more than one political party at the same time,” the bill stated.
It further provides that where dual membership is established, such membership “shall be void and the person shall cease to be recognised as a valid member of any political party pending regularisation.”
The legislation goes further to criminalise the act, stating: “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 ₦10 million or imprisonment for a term of two years or both.”
Division Among Lawmakers
The proposal immediately polarised members of the House, with some lawmakers backing the measure while others raised constitutional and legal concerns.
Chairman of the House Committee on Solid Minerals, Jonathan Gaza, supported the amendment, arguing that it would be mischievous and deceptive for any individual to belong to two political parties simultaneously.
However, Chairman of the House Committee on University Education, Abubakar Fulata, warned that the proposal may conflict with Section 40 of the 1999 Constitution (as amended), which guarantees freedom of association.
“This proposed amendment seems to be in contravention of Section 40 of the Constitution of the Federal Republic of Nigeria, as amended, which guarantees the freedom of association at any time,” he said.
“Instead of denying the membership of two parties, I think we should recommend that you be limited to only one. Denying him the freedom to associate with all the political parties… is a contravention of his right.”
Presiding over the session, Deputy Speaker Benjamin Kalu defended the intent of the bill, insisting that dual party membership amounts to “fraudulent misrepresentation.”
He maintained that individuals should align with political parties that reflect their ideological beliefs rather than registering across multiple platforms.
Political analysts say the amendment raises fresh concerns about whether the ruling All Progressives Congress (APC) led Federal Government is willing to ensure a level playing field ahead of the 2027 elections.
According to them, a fair and competitive political environment remains a critical condition for free, fair, and credible elections, warning that any perceived restriction could produce the opposite effect.
Opposition voices, particularly from the Social Democratic Party (SDP), have strongly condemned the amendment.
The party’s leader and 2023 presidential candidate, Adewole Adebayo, described the bill as unconstitutional and an attack on democratic freedoms.
“It is unconstitutional to punish a person for joining political parties. You cannot legislate that someone cannot join three political parties if they want to,” he said.
Adebayo argued that while electoral laws require candidates to be sponsored by a single political party during elections, they do not prohibit membership in multiple political associations.
The SDP chieftain further accused lawmakers of advancing political interests rather than democratic principles.
“They are legislating for one person. What they are doing is legislative lynching,” he said, alleging that the move is designed to shield the administration of President Tinubu and the APC from internal instability.
Experts Link Bill To Fear Of Defections
A legal practitioner and public affairs analyst, Maarcellus Onah, linked the amendment to growing concerns within the ruling party over possible defections.
He argued that worsening economic conditions, insecurity, and declining public confidence in governance could trigger political realignments.
“So, the proposed legislation is intended to prevent politicians within the ruling party from abandoning it if political conditions worsen,” he said.
Onah also criticised the National Assembly, accusing it of failing in its constitutional duty to hold the executive accountable.
“The National Assembly is the enabler of many of the problems we complain about… instead of rising to that important constitutional role, they simply chose to approve whatever that is sent to them,” he said.
He further alleged that some lawmakers backing the proposal had themselves switched political parties in the past.
The debate has also raised questions about the necessity of the amendment, given the dominance of the All Progressives Congress (APC), which currently controls over 30 states and holds a majority in both chambers of the National Assembly.
Responding to this, Adebayo argued that political dominance does not necessarily reflect popular support.
“The fact that you capture the governors does not mean the people are happy with you,” he said.
“It is the people who will have the final say.”