The House of Representatives has called on the Independent National Electoral Commission to conduct bye-elections for the vacant seats in both the National and State Houses of Assembly.
This decision follows the growing concern over the delay in filling these vacancies, which has led to inadequate representation for affected constituencies.
During a plenary session, the Green Chamber tasked its Committee on Electoral Matters with investigating the matter and inviting INEC officials to provide a detailed explanation of the reasons behind the delay. The committee was also directed to outline the steps being taken to rectify the situation.
The motion to address this issue was moved by Hon. Jafaru Leko, the representative of Dass, Tafawa Balewa/Bogoro federal constituency in Bauchi State. Leko highlighted that since the 2023 general elections, numerous instances, including resignations, deaths, and appointments of former lawmakers to executive positions, have resulted in vacant seats in both the National and State Houses of Assembly.
Leko referred to Section 68 of the Nigerian Constitution, which provides for the cessation and vacation of seats in the National Assembly, and Section 76(2), which mandates that bye-elections be held no later than one month after a vacancy occurs. He emphasized that under these constitutional provisions, INEC is required to conduct bye-elections to fill the vacant positions and ensure proper representation for the affected constituencies.
The lawmaker expressed concern that the failure to hold timely bye-elections is disenfranchising citizens and undermining their constitutional right to adequate representation. He further argued that this delay violates the principles of constitutional democracy and hinders the proper functioning of legislative activities, as Committees and Plenary Sessions are often left without full participation from elected members.
Leko warned that this delay by INEC sets a dangerous precedent, where compliance with the Constitution and electoral laws may be seen as optional, rather than mandatory.
He said; “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.”
Leko said, “Upon the declaration of these seats as vacant, 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.”
He expressed worry that: “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 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;
“This electoral inaction sets a dangerous precedent, where compliance with the Constitution and electoral laws become optional rather than mandatory.”
