The House of Representatives on Tuesday unveiled plans to investigate the Independent National Electoral Commission (INEC) over the prolonged delay in conducting 12 outstanding bye-elections for vacant legislative seats at the National Assembly and State Houses of Assembly in breach of the provisions of the Electoral Act.
The resolution was passed sequel to the adoption of a motion by Hon. Jafaru Leko who solicited for the House intervention.
In his lead debate, Hon. Leko who emphasized the need for the Commission to fulfill its constitutional duty, observed that the Commission was empowered solely by Section 153(f) of the 1999 Constitution (as amended) to conduct elections at the federal, state and local levels, including FCT Area Councils.
According to him, sections 47 and 90 of the Constitution (as amended), outlined the establishment of the National Assembly and the State Houses of Assembly, ensuring the right of citizens to be represented in the federal and state legislative bodies.
He said: “Since the 2023 general and subsequent elections, there have been instances of resignations, deaths, appointments, or appointments of former members of both the National and State Assemblies to executive positions.
“Section 68 of the Constitution provides for the cessation and vacation of seats of the National Assembly, whereas section 76(2) stresses the need for a bye-election to be conducted not later than one month after the vacancy occurs.
“Upon the declaration of these seats as vacant, the Independent National Electoral Commission (INEC) is obligated, under the provisions of Section 76(2), to conduct bye-elections to fill the vacant positions and ensure proper representation of the affected constituencies.
“Nigeria practices a constitutional democracy that the continued vacancy of these seats, without the holding of timely bye-elections results in the disenfranchisement of the affected, citizens, which constitutes a violation of the constitutional principles of representation and deprives the electorates of their right to adequate representation.
“The delay in conducting the bye-elections for the vacant seats is a contravention of the constitutional provision, a breach of the due process, and denial of the affected constituencies’ proper representation.
“This Electoral inaction from the Independent National Electoral Commission (INEC) violates the principles of democracy and representative governance, leaving citizens unrepresented, and also obstructs legislative activities, as Committees and Plenary Sessions lack full participation from duly elected members.”
He maintained that non-compliance with the relevant sections of the Electrical Act constitutes a dangerous precedent, where compliance with the Constitution and electoral laws become optional rather than mandatory.
To this end, the House mandated its Committee on Electoral Matters to summon the leadership of INEC for a detailed explanation of the reasons behind the delay and the measures being taken to address the situation.
As reported by Nigerian Tribune on the 10th January 2025, INEC Chairman, Professor Mahmood Yakub had during the 2024 budget appraisal and 2025 budget defence informed the joint Senate and House Committees on Electoral Matters that the sum of N40 approved for the Commission in the 2024 Appropriation Act was insufficient to conduct both Edo and Ondo Governorship elections.
While admitting that the Electoral Act provides that by-election should be conducted no later than 30 days to the end of the tenure of the incumbent holder, the INEC helmsman explained that the Federal Executive Council only approved additional fund of N10.5 billio mainly to cover the Edo and Ondo governorship elections.
“So, some of the overhead that we were able to manage came from the activities during the election, but this is what has happened because in the absence of provision from the statutory budget, what could you do?
“So, we approached the Executive, and provision was made.
“Now, the same provision also had a little over N500 million for five by-elections, including some elections to replace some of your colleagues in the House of Representatives.
“You may recall that vacancies were declared in July for a Federal Constituency in Jigawa State, the Constituency represented by Hon. Dogoyaro, but the amount appropriated – N500 million – could not confirm the five by-elections. And I want to tell you that as we speak today, the number of by-elections has increased to 12. We have 12 by-elections.
“As for the by-elections that we are supposed to conduct, they are as follows: Adamawa State Constituency of Adamawa State, the reason for the by-elections is the death of an Honourable member.
“Jigawa House of Representatives. Kaduna – Kaduna State, where a State Assembly member in Zaria Constituency resigned to accept an executive appointment in the Federal Capital Territory.
“Again in Zaria for Basawa State Constituency, the honourable member resigned to become the Chairman of his Local Government, so it has created a vacancy that we have to fill. In Kano, there is a vacancy caused by death.
“Then Oyo, one of your colleagues in the House of Representatives, Ibadan North Federal Constituency, then Rivers State Assembly – Kanna 2 State Constituency, it’s different from what is happening in Rivers State right now. That honourable member passed on for Kanna 2 State Constituency, is pending.
“Edo, we have one Senatorial seat – Edo Central caused by resignation, the former holder of the office is now Governor of Edo State.
“Then in the same Edo again, one of your colleagues in the House of Representatives, for Ovia South West and Ovia South East Federal Constituency, he resigned and is currently the Deputy Governor. Anambra – Anambra South Senatorial District, is pending because of death, and then Niger State – Marida State Constituency is a State Assembly seat, the honourable member passed on. So these are the 11 Constituencies pending.
“Edo, we have one Senatorial seat – Edo Central caused by resignation, the former holder of the office is now Governor of Edo State.
“Then in the same Edo again, one of your colleagues in the House of Representatives, for Ovia South West and Ovia South East Federal Constituency, he resigned and is currently the Deputy Governor. Anambra – Anambra South Senatorial District, is pending because of death, and then Niger State – Marida State Constituency is a State Assembly seat, the honourable member passed on. So these are the 11 Constituencies pending.”
He recalled that in February last year (2024), INEC conducted nine by-elections.
“And they are in Benue, where the lawmaker resigned as a member of the Benue State Assembly to become a Commissioner. Then Borno State Assembly – Chibok caused by death. Ebonyi North Senatorial District, the distinguished Senator resigned to become a Minister of the Federal Republic, we conducted a by-election. Kaduna State – a member passed on, we conducted a by-election. Kebbi – House of Representatives, where one of your colleagues representing Yauri/Shanga/Gaski resigned to become a Minister.
“Then we have Lagos – House of Representatives, Surulere Federal Constituency 1 – the Chief of Staff. We have Ondo House of Representatives – Akoko North/Akoko South, he also resigned to become a Minister. Then in Taraba State – Jalingo Federal Constituency – the honourable member passed on.
“Then Yobe Senatorial District, a distinguished Senator also resigned to become a Minister of the Federal Republic.
“So we have so far conducted nine, but we still have 11 by-elections pending. This brings the total number of by-elections in the last one and a half years to 21. 21 by-elections in the last one and a half years. In Ghana, in four years, they only conducted three by-elections, but in Nigeria, vacancies have now been declared for 21 Constituencies in just one and a half years.”
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