STRAIGHT TALK BY OBINNA F. NWACHUKWU
Did the Governorship candidate of the APC in Rivers State Hon. Kingsley Ogundu Chinda, who until last week was the Minority Leader of the House of Representatives, properly decamp from the Peoples Democratic Party (PDP) to become the flag bearer of the All Progressives Congress (APC) in the race to occupy government house Port Harcourt? This is the question that has occupied the political space in Rivers state and Nigeria as a whole since last month when Chinda was declared winner of the APC gubernatorial primary in the state.
Chinda, a prominent figure in the Rivers state politics and a long-serving member of the House of Representatives, represented Obio/Akpor Federal Constituency for several terms and served as Minority Leader in the House of Representatives. His recent move from the PDP to the APC is widely regarded as one of the significant political developments in Rivers State ahead of the 2027 general elections.
The defection comes amid ongoing political realignments in Rivers and across the country, as parties and political actors intensify consultations and strategic positioning ahead of the next electoral cycle. The development has also fueled renewed debate over party loyalty, internal democracy and the legal requirements governing participation in party primaries.
According to section 68(1) (g) of the Constitution of the Federal Republic of Nigeria 1999 (as amended)
“A member of the Senate or of the House of Representatives shall vacate his seat in the House of which he is a member if –
(g) being a person whose election to the House was sponsored by a political party, he becomes a member of another political party before the expiration of the period for which that House was elected;
Provided that his membership of the latter political party is not as a result of a division in the political party of which he was previously a member or of a merger of two or more political parties or factions by one of which he was previously sponsored;
(2) The President of the Senate or the Speaker of the House of Representatives, as the case may be, shall give effect to the provisions of subsection (1) of this section, so however that the President of the Senate or the Speaker of the House of Representatives or a member shall first present evidence satisfactory to the House concerned that any of the provisions of that subsection has become applicable in respect of that member.”
The Supreme Court of Nigeria in its judgment delivered on February 28, 2025, on the consolidated appeals including Rivers State House of Assembly & Anor vs. Governor of Rivers State & 9 Ors (Suit No: SC/CV/1174/2025), established clear prerequisite criteria and administrative steps required for a legislator’s defection (decamping) to be legally valid under Section 68 and Section 109 of the 1999 Constitution.
According to the apex court’s pronouncements and subsequent legal applications the four specific criteria that must be met include:
- Existential Party Crisis: The political party from which the legislator is defecting must be actively experiencing a severe, functional crisis that fundamentally stops it from operating.
- Formal Resignation: A valid letter of resignation must be formally submitted by the lawmaker and acknowledged by their original political party at the ward level.
- New Party Admittance: The legislator must hold a valid letter of admission and an official membership card issued by the new political party.
- Plenary Declaration by Presiding Officer: The defection must be formally announced and declared during a plenary session by the Speaker or Presiding Officer of the specific legislative house to which the lawmaker belongs.
The Supreme Court notably ruled that superficial indicators such as the mere flying of a new party’s flags or depositing an affidavit are legally insufficient to constitute a valid defection.
Furthermore, the court emphasized that a legislative seat cannot simply be presumed vacant until the proper internal legislative channels are satisfied and a formal declaration is entered into the records during plenary.
From the above judgment of the Supreme Court a few questions can be deduced, to wit;
Hon. Chinda belongs to the Wike faction of the PDP that controls the party, is there an existential party crisis in that faction?
- When was his defection announced on the floor of the House of Representatives?
- When did he join the APC as a political party?
iii. Shouldn’t his seat have been declared vacant in compliance with the provisions of Section 68(2) of the same Constitution?
- Was he a member of the APC properly so called as at when he stood for the primaries of the party?
- Was Hon Kingsley Chinda’s name in the Register of the APC submitted to the Independent National Electoral Commission at least 21 days before the Rivers state APC Governorship primaries in compliance with Section 77(4) of the Electoral Act 2026?
Specifically, Section 77 (4) and (5) of the Electoral Act 2026 provides that:
- (1) A political party registered under this Act shall be a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name.
(2) A party shall maintain a digital register of its members containing the name, sex, date of birth, address, State, Local Government, ward, polling unit, National Identification Number and photograph in both hard and soft copies.
(3) Upon registration, a membership card shall be issued to the member.
(4) Each political party shall make such a register available to the Commission not later than 21 days before the date fixed for the party primaries, congresses or conventions.
(5) Only members whose names are contained in the register shall be eligible to vote and be voted for in party primaries, congresses and conventions.
(6) A political party shall not use any other register for party primaries, congresses and conventions except the register submitted to the Commission.
Last week, a socio-political organisation, the Rivers Development Agenda, defended Chinda’s defection saying that the action effectively resolved questions surrounding his eligibility to participate in the APC governorship primary election in Rivers State.
The group stated this in a statement issued in Port Harcourt on Wednesday and signed by its spokesperson, Godspower Duke.
According to them, the public announcement and official acknowledgement of Chinda’s defection, which it said took effect on April 23, 2026, confirmed that the federal lawmaker complied with all legal and political requirements before seeking the APC governorship ticket.
“The latest developments have vindicated the group’s position that due process was followed and that Chinda’s participation in the APC governorship primaries followed every known legal requirement,” the statement said.
It also maintained that Chinda’s defection validates its earlier position that established procedures were observed throughout the process leading to his participation in the APC governorship contest.
The group criticized individuals whom they accused of challenging the former Minority Leader’s eligibility, arguing that many of the objections were made without full knowledge of the facts surrounding the matter.
“Political debates should be conducted within the bounds of civility, facts, and respect for differing opinions. We urge political actors, commentators, stakeholders and members of the public to focus on issue-based engagement and respect established institutions,” the statement added.
Certainly, Nigerians have not heard the last on this intriguing matter
QUOTE
Was Hon Kingsley Chinda’s name in the Register of the APC submitted to the Independent National Electoral Commission at least 21 days before the Rivers State APC Governorship primaries in compliance with Section 77(4) of the Electoral Act 2026?