Time to conduct by-elections

FOR some time now, there have been protests and agitations arising from the failure of the Independent National Electoral Commission (INEC) to conduct outstanding by-elections into vacant legislative seats at the National Assembly and state Houses of Assembly.

In February, the House of Representatives resolved to investigate the commission over the delay in conducting 12 outstanding by-elections, which is in breach of the provisions of the Electoral Act. The resolution was passed following the adoption of a motion by the member representing Dass, Tafawa Balewa/Bogoro Federal Constituency of Bauchi State, Honourable Jafaru Leko. In his lead debate, Leko said: “Since the 2023 general and subsequent elections, there have been instances of resignations, deaths, 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 by-election to be conducted not later than one month after the vacancy occurs. Upon the declaration of these seats as vacant, INEC is obligated, under the provisions of Section 76(2), to conduct by-elections to fill the vacant positions and ensure proper representation of the affected constituencies.

“Nigeria practises a constitutional democracy. The continued vacancy of these seats, without the holding of timely by-elections, results in the disenfranchisement of the affected citizens, which constitutes a violation of the constitutional principles of representation and deprives the electorate of their right to adequate representation. The delay in conducting the by-elections into the vacant seats is a contravention of the constitutional provision, a breach of due process, and a denial of the affected constituencies’ proper representation. This electoral inaction by 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.”

Consequently, 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 them. Actually, in January during the 2024 budget appraisal and 2025 budget defence, the INEC chairman, Professor Mahmood Yakubu, had informed the joint Senate and House Committees on Electoral Matters that the sum of N40 billion approved for the commission in the 2025 Appropriation Act was insufficient.

He said: “Our proposal for the 2025 budget is the sum of N126 billion.  We have the document that has provided details, line by line, on how we intended to spend the N126 billion. We would like the support of the National to enable us to achieve our responsibilities in the first line charge and most of these responsibilities are constitutional. In a nutshell, the N40 billion budget envelope given us for 2025 will not cover one-third of projected expenses, which amount to over N126 billion. Aside the off-cycle elections for 21 constituencies to be filled through by-elections and the Anambra governorship election this year, personnel cost alone, on account of the new minimum wage, will eat up the N40 billion budgetary envelope.”

The INEC boss had added that the inadequacy of budget made the commission get intervention funds totalling N10.5 billion for the Edo and Ondo elections in 2024 and another N500 million for by-elections in the affected constituencies in 2024. While admitting that the Electoral Act provides that a by-election should be conducted not 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 billion mainly to cover the Edo and Ondo governorship elections.

It is unfortunate that two months after the Green Chamber expressed concerns over the non-conduct of by-elections, things have remained basically the same. National and state assembly seats became vacant due to certain factors, including the demise of some lawmakers in some states. It is completely unacceptable that many constituencies are currently not represented in the National Assembly and in some state assemblies. In effect, through no fault of theirs, the people of those constituencies have no say in the affairs of the country and their states.

The failure of INEC to conduct the extant by-elections constitutes egregious injustice to the members of such constituencies. It cannot be cheering news that the people are being denied representation and the democratic dividends should accrue to their areas by having validly elected representatives. The question of funding is, we believe, one that should not hamper legislative representation and the smooth running of the country. The extant laws are quite clear on the time that by-elections should be held, and it is more than apparent that a breach of the law has occurred. This situation is intolerable and must be reversed without delay.

Against that backdrop, INEC must conduct the elections in question without delay. It should also do everything within its power to ensure that the elections are free, fair and credible, otherwise the entire exercise would have served no useful purpose in the long run. It amounts to a total waste of time and effort to conduct flawed elections. Elections are a critical part of the leadership recruitment process and they must advance the cause of democracy. On its part, the National Assembly, which expressed grave concern about the present situation, has a bounden duty to make adequate budgetary provisions for the work of the electoral commission. While scrupulously scrutinizing INEC’s budgetary estimates, it should ensure that Nigerians are not short-changed in any way. There is an inherent illogic in complaining about unconducted elections while failing to provide adequate funding for elections.

READ ALSO:Reps probe INEC over delay in conducting of 12 by-elections