ELECTORAL ACT: A MEANS TO CURBING CROSS CARPETING OF POLITICIANS FROM ONE POLITICAL PARTY TO THE OTHER.

CHAPTER ONE:

INTRODUCTION

1.1 Background of the study

The actions of some political gladiators in the Nigerian political arena have, throughout the course of the years, posed a number of difficulties to the political morality of Nigerian politics. These issues have come about as a result of the Nigerian political arena. The problems that are persistently wreaking havoc on the political landscape of the nation include, but are not limited to, the celebratory switch of the political platform under which a candidate for election was triumphantly returned to office, which is to the disadvantage of the electorates. The apparently unchecked use of this political slant in Nigerian politics is swiftly developing a reputation for being legendary of its own own. It is deplorable to see that the practice is methodically managed at a time when the devastated electorates have little or nothing to give in an argument about their adored candidate 'crossing the carpet' (Dike, 2022).

One of the healthiest actions on democratic growth seems to occur within the sphere of internal party democracy and respect to election regulations. This is an encouraging sign for the future of democratic development. Concerns with the nomination, selection, and election of candidates, executives, and flag bearers are essential reforming tools on democratic consolidation, and these issues have raised a great deal of worry in the vast majority of emerging democracies. In Nigeria, the recognition of candidates for nomination and selection for primary elections are anchored on the strength of the candidate in areas such as economic power, political power (incumbency), etc., without any due regard on the integrity and capability of the candidate. This is in contrast to the United States, where recognition of candidates for nomination and selection for primary elections are based on the candidate's ability to win (Egwu , 2019). This kind of political permutation has led to political crises, which in turn has led to people founding their own political party, the decampment of parties' big wigs, and disinterest on the part of voters in general towards the continuing democratic process in Nigeria. The present wave has been characterised by many analysts as canoe jumping, floor-crossing, party-hopping, high jumping, frog jumping, party switching, decampment, cross-carpeting, crossover, prostitution, and so on. This wave has caused uncertainty and discussion among academics and voters in general. This political mindset has contributed to a slowdown in the democratic process in the nation (www.africapractice.com). The majority of candidates in Nigerian politics seem to abandon their campaigns because to primal interests and the hedonistic pursuit of pleasure. People of prominence, such as Ahaji Atiku Abubaka, Mallam Nuru Ribadu, and Senator Bukola Saraki, among others, left the People's Democratic Party and joined another party, only to later do a U-turn and return, either directly or indirectly, to the PDP before switching to yet another party. This kind of political gyration requires a great deal of explanation and brings up a great deal of political problems (Eme , 2021). It is only possible for decampment to be beneficial to the democratic process and the political system when it is founded on the selection of an ideology. On the other hand, decampment will be harmful to the democratic process if it is the result of fundamental and egoistic interests. Right from the beginning of the Fourth Republic of Nigeria in 1999, the political system has seen a great surge in the proliferation of mushroom political parties and the decampment saga. All of these displays seem to be associated with the dissatisfaction of some candidates in respect to the administration and decision of the party's executives in the area of choosing candidate to represent the party. However, with the recently updated election legislation, which consists of systems that are specific and precise with constitutional arrangements and voting systems that translate the vote into a political choice, this is no longer the case (Ibrahim , 2018). The first thing that must be done is to tally the votes, and for this purpose, a variety of vote counting technologies and kinds of ballots are used. The outcome of the election is decided by voting mechanisms once a tally has been compiled. In addition, "every registered political party shall give the Commission notice at least 21 days in advance of any convention, congress, conference, or meeting convened for the purpose of "merger" and electing members of its executive committees, other governing bodies, or nominating candidates for any of the elective offices specified under this Act." The EA 2010 did not make any mention of the merger. In its most recent letter to the party in power, the APC, over the change in leadership of CECPC, INEC is attempting to implement this aspect of the law. In Article (5), it is stated that "the convention, congress, conference, or gathering will be rendered unlawful if a political party fails to inform the Commission as specified in subsection (1)" (Punch, Newspaper, 2022). A new subsection 6 has been added to Section 82 of the Electoral Act of 2010, which is now Section 79 of the Electoral Act of 2022. This subsection states that "where a political party is deregistered, no political association shall be permitted to use the name, symbol, logo, or acronym of the deregistered political party within five years of the deregistration." According to subsection (2) of Section 81 of Act 2022, "Political parties that want to combine should each provide to the Commission nine months' notice of their intention to do so before a general election," This provision of EA 2010 used to be for a period of ninety days. Hence the researchers need to examine if the electoral act is a means to curbing cross carpeting of politicians from one political party to the other.

1.2 Statement of the problem

Political parties are responsible for setting the parameters of elite competition, and as a result, they provide and protect voters' access to a variety of voting options. In a manner that is quite appropriate, the age-old proverb that democracy without parties is "unthinkable" finds its expression in this setting (Ikelegbe , 2020). Similarly, rivalry among political actors is only significant when it is directed toward party institutionalization, which, according to Jinadu (2019), is a consequence of organizational allegiance. Otherwise, it is meaningless. To put it another way, political actors do not just compete against one another for political power; rather, they are required to adhere to a set of universal political imperatives. The multi-party system in a pluralist democracy is strengthened by this structure as well as the defining mechanisms for inter-party and intra-party interrelationships. The majority of politicians will say that they are engaging in cross-party campaigning because it is in the best interest of the country as a whole. It is important to remember that the political parties of the Federal Republic of Nigeria were given their own own chapter in the constitution that was adopted in 1999 (Kuenzi, 2020). This is taken from Sections 221 to 229, respectively. According to section 229.1, a political party is "any association whose activities include canvassing for votes in support of a candidate for election to the office of president, vice president, governor, deputy governor, or membership in a legislative house or a local government council." In other words, a political party is any association whose activities include soliciting votes in favor of a candidate for election to the office of president, vice president, governor, or deputy governor The whole of Section V of the Electoral Act of 2022 is devoted, in its entirety, to political parties. The following is a summary of the most important new provisions included in the legislation: According to subsection (1) of section 75, the application to register a political party must be filed to INEC no later than twelve months before the next general election. In the EA of 2010, this period was reduced to three months. Section 75(3) of the Act requires that the non-registration of any political group be reported within a period of ninety days (Punch Newspaper, 2022). The standard was formerly thirty days. Any political organisation that wants to register as a political party must, according to Section 75(4) of the Act, complete the requirements specified in the constitution and EA within sixty days in order to be eligible for registration as a political party. In the EA 2010, it had been set at 30 days before. Therefore this study seeks to examine whether the electoral act  is means to curbing cross carpeting of politicians from one political party to the other.

1.3 Objective of the study

The general objectives of the study is to examine electoral act: A means to curbing cross carpeting of politicians from one political party to the other. The specific objectives is as follows:

i.          To examine if the electoral act will curb cross carpeting of politicians from one political party to the other.

ii.        To investigate the challenges of INEC in  curbing cross carpeting  of politicians through the use of  electoral act.

iii.      To find out the  benefit of the newly amended electoral act in Nigeria.

iv.      To assess the causes of cross carpeting of politician from one political party to the other.

1.4 Research Questions

The following questions have been prepared for the study:

i.          Will  the electoral act curb cross carpeting of politicians from one political party to the other?

ii.        What are the challenges of INEC in  curbing cross carpeting  of politicians through the use of  electoral act?

iii.      What are the  benefit of the newly amended electoral act in Nigeria?

v.        What are the causes of cross carpeting of politician from one political party to the other.

1.5 Significance of the study

This study will be significant to INEC as it will be exposed to the challenges in implementing the changes in the electoral act and also improving in strategy to conduct free and fair election.

The study will be significant to the academic community as it will contribute to the existing literature.

1.6       Scope of the study

The study will examine if the electoral act will curb cross carpeting of politicians from one political party to the other. The study will also investigate the challenges of INEC in  curbing cross carpeting of politicians through the use of  electoral act. Furthermore, the study will assess the causes of cross carpeting of politician from one political party to the other. Lastly, the study will find out the  benefit of the newly amended electoral act in Nigeria. Hence, the study will be delimited to INEC office Abuja.

1.7       Limitation of the study

Like in every human endeavour, the researchers encountered slight constraints while carrying out the study. Insufficient funds tend to impede the efficiency of the researcher in sourcing for the relevant materials, literature, or information and in the process of data collection (internet, questionnaire, and interview), which is why the researcher resorted to a moderate choice of sample size. More so, the researcher will simultaneously engage in this study with other academic work. As a result, the amount of time spent on research will be reduced.

1.8       Definition of terms

Electoral act: Act of Parliament having effect for the purposes of section 58(4) of the Constitution

Cross carpeting: A colloquial term meaning to move from one political party to another

Politicians: a person who is professionally involved in politics, especially as a holder of an elected office

Political party: an organization that coordinates candidates to compete in a particular country's elections.

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