Upper House clarifies holdup on proposed law to prohibit holding memberships in multiple parties

The Senate has provided clarification on its decision to refrain from taking a stance on the proposed amendment to the Electoral Act, which seeks to criminalize dual party membership, citing that it must wait for the formal transmission of the proposal from the House of Representatives before deliberation can commence.

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According to Yemi Adaramodu, Chairman of the Senate Committee on Media and Publicity, the Senate's inaction is due to the bicameral nature of the legislature, which necessitates a formal transmission of the proposal before any commentary or deliberation can occur.

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Adaramodu emphasized that the amendment process is incomplete until it has undergone public hearing, committee review, and passage by the House of Representatives, after which it will be transmitted to the Senate for consideration.

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The Senator noted that even after presidential assent, amendments can still be made, highlighting the complexity of the legislative process and the need for patience and adherence to protocol.

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The Senate's cautious approach is rooted in the constitutional requirement that any amendment to an existing law must be passed by both chambers of the National Assembly before being forwarded to the President for assent.

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The House of Representatives passed an amendment to the Electoral Act 2026 two weeks prior, which aims to prohibit individuals from holding membership in more than one political party simultaneously, with offenders facing a fine of N10m, a maximum prison term of two years, or both.

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The proposed law introduces three new subsections to Section 77 of the Act, governing political party membership, and provides that any individual found to be registered in more than one political party at the same time would have such memberships declared invalid.

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The amendment states that a person shall not be registered as a member of more than one political party at the same time, and that dual membership shall be void, with the person ceasing to be recognized as a valid member of any political party pending regularization.

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A person who knowingly registers or maintains membership in more than one political party at the same time would commit an offence and be liable to a fine of N10m or imprisonment for a term of two years, or both, under the proposed law.

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If signed into law, the amendment is expected to strengthen the legal framework regulating party affiliation and introduce criminal penalties for violations, addressing concerns over allegations that some politicians maintain links with multiple political parties.

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The move to introduce criminal penalties for dual party membership follows mounting concerns over the practice, which critics argue undermines internal party discipline and weakens the integrity of Nigeria's electoral system.

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Existing laws already require citizens to belong to only one political party at a time, but enforcement has largely remained administrative, with limited legal consequences, creating loopholes that are frequently exploited, particularly during party primaries and candidate nominations.

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Proponents of the amendment argue that the absence of clear criminal sanctions has created loopholes that are frequently exploited, and that stricter legal provisions are necessary to safeguard the credibility of the electoral process, particularly in light of frequent political defections and disputes over party membership registers.