Reps amend electoral Act, ban dual party membership, prescribe jail term

The House of Representatives has amended the recently enacted Electoral Act, 2026 to expressly prohibit Nigerians from belonging to more than one political party at the same time, and prescribed ₦10 million fine, and/or two-year jail term for offenders.

The bill, titled “A Bill for an Act to Amend the Electoral Act 2026 to Make Express Prohibition of Dual Party Membership and Provide Penalties for Contravention and for Related Matters,”  was passed after scaling first, second and third readings on Wednesday.

The Lower chamber amended Section 77 of the principal Act by inserting three new subsections 8, 9 and 10 that explicitly outlaw simultaneous membership of more than one political party.

Under the proposed amendment, subsection 8 stated that “a person shall not be registered as a member of more than one political party at the same time.”

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Subsection 9 further provided that “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 registered 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.”

The bill also introduced sanctions for offenders. Subsection 10 provides that anyone who knowingly registers or maintains membership in more than one political party at the same time commits an offence and, upon conviction, could face a fine of N10m, imprisonment for up to two years, or both.

Leading debate on the bill, Julius Ihonvbere, House Majority Leader argued that the amendment was necessary to strengthen the integrity of party primaries and prevent manipulation through multiple registrations.

He said the proposed changes align with provisions of the Electoral Act that allow direct primaries, which require verified party membership to determine who participates in candidate selection.

According to him, the amendment is intended to reinforce the exclusivity of political party membership.
“This amendment to Section 77, which deals with party membership, is in consonance with the fact that the Electoral Act provided for direct primaries, which is completely exclusive for party membership,” Ihonvbere said.

“So this amendment is just trying to strengthen the exclusivity of political party membership to avoid double registration that will influence primary elections. It also provides punishment if such an act takes place,” he added.

However, some lawmakers raised constitutional concerns about the proposal, particularly regarding the right to freedom of association.

Fulata Hassan, lawmakers representing Jigawa argued that aspects of the amendment  conflicts with Section 40 of the Constitution of the Federal Republic of Nigeria, which guarantees citizens the freedom to associate.

He said the provision that strips an individual of membership in all parties if dual registration is discovered could violate that constitutional right.
“This Act seems to be in contravention of Section 40 of the Constitution which guarantees freedom of association at any time. If it is discovered that someone has registered as a member of two political parties, he will be denied membership of both parties,” Hassan argued

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He proposed that instead of denying offenders membership of the two parties, suvh individual should be limited to only one.
According to him, denying a person membership of both parties would amount to restricting the constitutional right to associate.

“At all material times, a Nigerian must be limited to only one political party,” he added.

Another lawmaker, Sada Soli representing Katsina, acknowledged that multiple party affiliations are not common Nigerian politicians and warned that the proposed provisions could also clash with constitutional protections.

Soli recommended the Independent National Electoral Commission (INEC) detects that a person is registered in more than one party within 21 days to primaries, the commission should notify the relevant parties and the individual concerned. Within 14 days of the notification, the individual should be required to select the political party in which they intend to remain a member, he proposed.

Despite the objections, the House proceeded with the passage of the bill.

Benjamin Kalu, the Speaker of the House who presided over the session, defended the proposed prohibition, arguing that allowing politicians to belong to multiple parties undermines the credibility of Nigeria’s political system.

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“We should not encourage dual membership; it is fraudulent misrepresentation,” Kalu said.