The suspension of four local government chairmen in Oyo State, coming a day after three of them defected from the APM to the APC, has raised questions about whether elected officials must surrender their positions when they leave the political parties that sponsored their elections.
Leaving a political party does not automatically mean an elected official must relinquish their office in Nigeria. However, the consequences depend on the position held and the laws governing that office.
The issue has attracted attention in Oyo State after the House of Assembly suspended four local government chairmen over allegations of corruption and financial mismanagement.
The affected officials are Timothy Oyeniyi of Ogbomoso South, Olateju Michael Alabi of Oriire, Adegbite Isaiah of Surulere and Muritala Abiodun Oyewumi of Iwajowa.
According to Legit.ng, three of the chairmen defected from the Allied Peoples Movement (APM) to the All Progressives Congress (APC) on November 10, 2026. The Assembly announced their suspension the following day.
The fourth chairman, Oyewumi, had not defected from the APM.
The timing has raised questions about whether the action was connected to the defections or the financial misconduct allegations cited by lawmakers.
Does defection automatically remove an elected official?
The answer is no. Nigeria’s Constitution does not impose the same consequences for defection on every elected officeholder.
For instance, a governor does not automatically lose office simply by leaving the political party that sponsored his election.
However, the Constitution makes specific provisions for members of the National Assembly and State Houses of Assembly.
Section 68(1)(g) provides that a senator or member of the House of Representatives shall vacate their seat if they join another political party before the expiration of their tenure.
Section 109(1)(g) contains a similar provision for members of State Houses of Assembly.
There are exceptions where the defection results from a division in the original political party or a merger involving the party, subject to the constitutional requirements.
In Abegunde v. Ondo State House of Assembly (2015), the Supreme Court considered the constitutional conditions for a legislator to retain their seat after defecting.
The judgment established that an individual cannot simply abandon the party that sponsored their election and rely on an ordinary disagreement within its state chapter to justify the move.
What happens when a local government chairman defects?
The Constitution does not contain an equivalent provision automatically removing an elected local government chairman for changing political parties.
Therefore, the constitutional rule governing lawmakers cannot simply be extended to local government chairmen.
Their tenure and removal must be considered under the constitutional framework for local government administration and applicable state laws.
In Oyo State, this issue has an important legal precedent.
In May 2021, the Supreme Court delivered its judgment in Ajuwon & Ors v. Governor of Oyo State & Ors.
The case concerned the removal of elected local government chairmen and councillors before the expiration of their tenure.
The court ruled that Sections 11 and 21 of the Oyo State Local Government Law, 2001, which purported to empower authorities to truncate the tenure of elected officials, were inconsistent with Section 7(1) of the Nigerian Constitution.
Consequently, the provisions were declared void to the extent of their inconsistency with the Constitution.
This judgment is important because Section 21 had provided for the suspension or removal of elected local government chairmen and vice chairmen.
Read also: How courts have challenged the removal of elected local government officials in Nigeria
Can the Oyo Assembly suspend the four chairmen?
The Assembly cited allegations of corruption and financial impropriety as reasons for directing the four chairmen to step aside.
According to The Guardian’s report, the lawmakers directed their Committee on Local Government Matters to investigate the allegations and submit its findings within one week.
The respective vice chairmen are expected to take over in acting capacities while the investigation continues.
However, the Assembly’s action raises a legal question.
In the 2021 Ajuwon judgment, the Supreme Court held that state authorities could not rely on the invalidated provisions to suspend or remove elected local government officials in a manner that truncates their constitutionally protected tenure.
Therefore, the Assembly must establish the legal basis for its latest action and comply with the Constitution and applicable judicial decisions.
The fact that three chairmen recently defected may raise political questions, but it does not establish that their defection automatically terminated their mandates.
Similarly, allegations of financial misconduct do not, on their own, prove guilt or justify any removal procedure outside the law.
What does this mean for the three defecting chairmen?
The three chairmen do not automatically lose their elected positions simply because they moved from the APM to the APC.
Unlike lawmakers, local government chairmen are not subject to the specific anti-defection provisions in Sections 68 and 109 of the Constitution.
Their suspension must therefore stand on a separate and lawful basis.
The Assembly’s investigation may establish whether there were financial irregularities. However, any decision to remove the chairmen must respect their tenure, constitutional protections and applicable legal procedures.
Ultimately, political defection, allegations of misconduct and removal from elected office are three different issues. They should not be treated as interchangeable.