The Electoral Act 2026 was introduced to discourage politicians from switching parties after losing primary elections.However, recent developments suggest that some politicians may have found a legal route around the restrictions.
A notable example is former Deputy Senate President, Senator Ovie Omo-Agege, whose actions have sparked debate over whether the law contains loopholes that could influence the 2027 elections.Omo-Agege entered the APC primary election for the Delta Central Senatorial District in May 2026 as one of the party’s most influential figures.
Having previously served as Deputy Senate President and the APC governorship candidate in Delta State, many expected him to secure the ticket.
Instead, he lost to Senator Ede Dafinone, a result that appeared to end his chances of contesting the seat in 2027.
Rather than retreating from politics, Omo-Agege quickly resigned from the APC and joined the Nigeria Democratic Congress (NDC).Within days, the opposition party granted him its senatorial ticket through a consensus arrangement after approving a waiver for his membership status.Former Delta State House of Assembly Speaker, Victor Ochei, also benefited from a similar waiver to contest the Delta North Senatorial District seat.
The move has generated significant attention because it appears to challenge the intention behind the Electoral Act 2026.
The law requires political parties to submit membership registers to the Independent National Electoral Commission (INEC) before conducting primaries, effectively preventing late entrants from participating.
However, legal experts argue that these restrictions apply mainly to candidates seeking nomination through primaries and not through consensus arrangements.
Omo-Agege is not alone. Several APC politicians who lost primary elections have reportedly explored opportunities in other political parties.
Among them are former senator Nkechi Nwaogu, former Communications Minister Isa Pantami, and former Inspector-General of Police Mohammed Adamu.
Many of these politicians are gravitating toward the NDC, which has emerged as a major destination for dissatisfied APC members.
Legal analysts point to consensus nomination as the key loophole. Since parties can select candidates through consensus instead of primaries, defectors may still secure tickets without being listed in pre-submitted membership registers.
The NDC’s use of waivers and consensus nominations has therefore provided an alternative path for politicians who failed to secure tickets in their former parties.
Despite this apparent opening, the legal position remains uncertain. Nigerian courts have yet to provide a definitive interpretation of whether such nominations fully comply with the Electoral Act 2026.
Some lawyers believe the loophole could be upheld, while others argue that higher courts may eventually rule against it.
For now, Omo-Agege’s political comeback remains intact. After losing the APC primary, he successfully secured the NDC ticket and is preparing for another contest against the same opponents who defeated him.
However, the final verdict may depend on pending court decisions and appeals involving INEC.
The controversy highlights the ongoing struggle between electoral reforms and political strategy in Nigeria. While lawmakers sought to limit last-minute defections, political actors continue to test the boundaries of the law.
Until the courts provide clarity, consensus nominations may remain a viable, though risky, option for defeated aspirants seeking a return to the ballot in 2027.
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