Nigeria’s House of Representatives has given the nod to its Committee on Electoral Matters to summon the Independent National Electoral Commission (INEC) for explanations on why there are delays in conducting by-elections into vacant legislative seats.
Besides, INEC is also expected to make known the measures it has taken to solve the problems.
Following the adoption of a motion by Jafaru Leko (APC, Bauchi), the lower Chamber of the National Assembly described the delay in conducting by-elections as a dangerous precedent, adding that this makes compliance with the Constitution and electoral laws to look like an optional whereas it is mandatory.
Leko said at the debate, “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 by-election to be conducted not later than one month after the vacancy occurs.”
He noted that once seats are declared vacant, INEC has obligatipons 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 practices a constitutional democracy that 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 electorates of their right to adequate representation.
“The delay in conducting the by-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 INEC violates the principles of democracy and representative governance; leaving citizens unrepresented, and obstructs legislative activities, as committees and plenary sessions lack full participation from duly elected members,” he said.
