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The recent amendment to the 2026 Electoral Act, which proposes that anyone who is a member of more than one political party should face either a fine of N10 million or two years in prison, has sparked discussions in political circles.

Political analysts say the move raises new doubts about whether the Federal Government under President Bola Tinubu and the ruling All Progressives Congress (APC) is ready and willing to ensure a level playing field for all political actors.

Analysts believe that the existence of a level playing field would be essential for the 2027 elections to be free, fair, and credible, and its absence would create the opposite scenario.

Remember that the lower house of the National Assembly approved a new amendment to the Electoral Act 2026 yesterday, which President Tinubu signed into law just last month.

The recent amendment, which underwent first and second readings, committee consideration, and a third reading at the plenary yesterday, introduced three new clauses to Section 77 of the Electoral Act concerning political party membership.

The suggested law stipulated a penalty of N10 million and a prison sentence not exceeding two years for individuals convicted of simultaneously belonging to multiple political parties, in addition to the forfeiture of their membership in both parties.

“Where it is established that a person is registered as a member of more than one political party at the same time, such dual membership shall be void and the person shall cease to be recognised as a valid member of any political party pending regularisation, in accordance with the provisions of this Act and the constitution of the political party concerned.

“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 million or imprisonment for a term of two years or both.”

The proposal instantly led to a pronounced split among the lawmakers. Some backed it enthusiastically, others opposed it vehemently, while still others urged caution.

While voicing his backing of the bill, Chairman of the House Committee on Solid Minerals Jonathan Gaza stated that it would be duplicitous for anyone to sign up as a member of two political parties.

Abubakar Fulata, the chairman of the House Committee on University Education, stated that the suggested amendment appeared to contradict Section 40 of the 1999 Constitution (as amended).

He said: “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.

“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 to which he might have belonged is a contravention of his right under Section 40 of the Constitution.”

During the session, Benjamin Kalu, the deputy speaker who oversaw the plenary, remarked that people ought to align themselves with a political party that reflects their beliefs instead of signing up for multiple parties. He emphasized that dual membership was a case of ‘fraudulent misrepresentation.’

Besides the legislators, other Nigerians, especially those from opposition parties, have denounced the suggested amendment, labeling it unconstitutional due to its violation of citizens’ right to freedom of association.

The leader of the Social Democratic Party (SDP) and its presidential candidate in the 2023 elections, Prince Adewole Adebayo, is at the forefront of opposition to the proposed amendment. He characterized the action as unconstitutional and a danger to democratic freedoms.

He stated that the bill infringes on citizens’ constitutional right to freely associate with any political organization, arguing that it contradicts Section 40 of the Nigerian Constitution, which guarantees freedom of association.

“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,” Adebayo said.

The SDP chieftain contended that while the law permits only one political party to sponsor a politician during an election, it does not ban membership in multiple political associations.

He charged that lawmakers had transformed the legislature into a “theatre of the absurd,” claiming that the intention behind the proposed bill is to shield President Bola Tinubu’s administration and the ruling All Progressives Congress (APC) from internal political turmoil.

“They are legislating for one person. What they are doing is legislative lynching,” he said.

Maarcellus Onah, a lawyer and public affairs analyst, also contended in his contribution that the ruling party is apprehensive about a possible surge of defections as discontent among its members increases in the face of economic difficulties and security issues nationwide.

He observed that the combination of the economy’s dire condition, the deteriorating security situation, and Nigerians’ inadequate general welfare has resulted in a marked drop in public trust in the government.

“So, the proposed legislation is intended to prevent politicians within the ruling party from abandoning it if political conditions worsen,” he stated.

He mocked the members of the National Assembly for supposedly not holding the executive accountable and called on Nigerians to oust them in upcoming elections.

“The National Assembly is the enabler of many of the problems we complain about. It is their constitutional duty to ensure that the executive obeys the constitution, but instead of rising to that important constitutional role, they simply chose to approve whatever that is sent to them,” he lamented.

He further claimed that certain legislators advocating for the anti-defection measure had changed their political allegiance at various times.

However, it raises the question of why the ruling APC is uneasy with the current electoral law, given that it holds more than 30 governorships out of 36 and has a dominant presence in both houses of the national assembly.

However, in response to the APC’s increasing political power, Adebayo stated that the figures were primarily the result of political maneuvering rather than electoral backing.

He contended that politicians’ defections do not always mirror the sentiments of everyday Nigerians.

“The fact that you capture the governors does not mean the people are happy with you,” he said, adding: “It is the people who will have the final say.”

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