Reps summon INEC boss over delay in conducting bye-elections

By Christiana Ekpa

The House of Representatives on Tuesday ordered its Committee on Electoral Matters to summon the leadership of the Independent National Electoral Commission (INEC) to explain the delays in conducting bye-elections for vacant legislative seats across the country.

The commission has been called upon to provide reasons for the delays and outline the steps it is taking to resolve the situation.

The House resolution, which followed a motion by Jafaru Leko (APC, Bauchi), highlighted the growing concern that the delay in conducting bye-elections could set a dangerous precedent. The House emphasized that such delays undermine the mandatory nature of constitutional and electoral law compliance, potentially making adherence to these laws optional rather than obligatory.

Leko, who led the debate, emphasized that the Independent National Electoral Commission (INEC), established under Section 153(f) of the 1999 Constitution (as amended), holds the exclusive responsibility for conducting elections at all levels of government—federal, state, and local, including the Area Councils in the Federal Capital Territory.

He further pointed out that Sections 47 and 90 of the Constitution (as amended) outline the establishment of the National Assembly and the State Houses of Assembly, thereby ensuring the right of citizens to be represented in both federal and state legislative bodies.

Leko also highlighted that since the 2023 general elections and subsequent elections, there have been instances of resignations, deaths, and appointments, including the appointment 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.”