EXPLAINER: What happens if elected lawmaker resigns after inauguration

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2 years ago

Gbajabiamila

There have been heated arguments on what happens if an elected federal lawmaker resigns after inauguration.

Contents

What is bye-election How a bye-election is run

In recent development, former Speaker of House of Representatives, Femi Gbajabiamila (now Chief of Staff to President Bola Tinubu) resigned, a few hours after the inauguration of the 10th National Assembly.

Gbaja as fondly called was elected to represent Surulere 1 Federal Constituency of Lagos during the 25 February National Assembly election.

Gbajabiamila officially presented his letter of resignation to Speaker Abbas at exactly 12.12 pm on Wednesday.

In the letter read by the Speaker (Abbas Tajudeen), Gbajabiamila informed the House of his appointment as Chief of Staff to the President and the need to exit the House to serve.

He thanked members of the House for their support throughout his stay in the House, especially in the last four years when he served as Speaker.

TRIBUNE ONLINE reviews the INEC guidelines which state what happens next, in case of the resignation of an elected lawmaker.

Checks by our reporter reveal the Speaker of the House, after resignation of any of its members, will declare the seat vacant.

Thereafter, the Independent National Electoral Commission is expected to conduct a bye-election to fill the vacant seat.

What is bye-election

A bye-election is an election used to fill an office that has become vacant between general elections.

A vacancy may arise as a result of an incumbent dying or resigning, or when the incumbent becomes ineligible to continue in office (because of a recall, a prohibited dual mandate, criminal conviction, or failure to maintain a minimum attendance), or when an election is invalidated by voting irregularities. In some cases a vacancy may be filled without a by-election or the office may be left vacant.

How a bye-election is run

Just like a general election, a bye-election has rules and timelines to follow. The voting period runs for specific period as stipulated by INEC.

Within a few days of the vacancy notice being published, INEC issues a ‘writ’ (a written notice) to the electoral officers in affected legislative councils. The writ includes: