GOV.OLUSEGUN MIMIKO: CROSS CARPETING

The Ondo State governor Olusegun Mimiko dumped his party, the Labour party for the ruling party Peoples Democratic Party. He came into power as the Ondo State Governor on the platform of the Labour Party. The governor made this known to his cabinet members and close political associates at a meeting held at the government house in Akure, Ondo State.

 The PDP 'spokesperson' Femi Fani Kayode also took to twitter to announce his defection to the ruling party.

 The Peoples Democratic Party embraced him with both hands just the way they have embraced the likes of Nuhu Ribadu the former boss of Economic and Financial Crimes Commission and a vibrant member of the All Progressive Congress, the former governor of Borno state and a Senator of the Federal Republic Ali Modu Sheriff. What is our point exactly?

 The act of cross carpeting is not unknown among Nigeria politician but because Governor Mimiko came into power on the platform of another party we need to know if he has acted the way he should. The question now is does have the right to do so and whether his act has constitutional backing?

 An act of moving from one party to the other is known as cross carpeting, in the Nigerian terrain it is the act of joining an opposing party or other political party usually for the purposes, or conceding to another political camp’s policies while holding elective office under the auspices of another political party. This is also known as decamping.

The right to decamp from one party to the other is not restricted as it is the constitutional right of any member of a political party to decamp to another the fact that the person was elected by one party and he moved to another is irrelevant. In ABUBAKARE V. AG FEDERATION & ORS CA/A/23/07 where the vice president had joined another political party and there was a declaration of his office as vacant. The VP invoked the original jurisdiction of the CA. The question turned out on the effect of his declaration to another party, it came to be considered whether his loyalty to his party or the president was lost. It was held that his oath of allegiance was to the federal Republic of Nigeria that even if he was to be treated as an employee, his employers would be the electorate and his removal could only be by the electorate through its representatives in the National Assembly.

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Oyenike Alliyu-Adebiyi LLB(hons)BL