Dual party membership in Nigeria; will tougher sanctions strengthen party Discipline, Without Undermining Freedom of Association and internal Democratic Accountability.

Dual party membership has continued to erode party discipline and weaken democratic accountability in Nigeria. The amendment to Section 77 of the Electoral Act is a bold s tep forward, expressly prohibiting multiple party membership and prescribing strict penalties ₦10 million fine, two years imprisonment, or both to deter political inconsistency.

Nonetheless, this must be balanced with Section 40 of the 1999 Constitution (as amended), which guarantees freedom of association. The law does not restrict political participation but ensures that party affiliation is singular, clear, and lawful at any given time.

For this reform to be effective, political parties must enforce internal discipline through credible membership registers, transparent primaries, and strict adherence to their constitutions. However, enforcement cannot rest on parties alone.

The  must take decisive steps by establishing a centralised digital membership database, auditing party registers, and enforcing compliance through disqualification and prosecution where necessary.

Importantly, the current timelines 21 days for submission of party digital membership lists and three months for party primaries are overly flexible and create opportunities for aspirants to switch parties when outcomes are unfavorable. This undermines the objective of eliminating dual party tendencies and weakens party discipline.

Looking ahead, there is a strong case for even more punitive sanctions in the near future. This is necessary to deter a growing class of politicians who are willing to exploit loopholes or bear financial penalties in pursuit of power. Stronger consequences will reinforce the seriousness of compliance and protect the integrity of Nigeria’s democratic process.

In conclusion, while the law is commendable, its success depends on firm enforcement, institutional transparency, and respect for constitutional rights. Only then can Nigeria achieve true political accountability.

Michael Obinna Ochili, Esq.

Legal Analyst.

Publicity Secretary, Otu Oka-Iwu (Igbo Lawyers), Abuja
Member, Human Rights Committee, Abuja Branch
Member, NBA Mentorship Committee
Member, NBA National Publicity Committee